Virginia Enacts Employment Documents Disclosure Law

June 03, 2019

Effective July 1, 2019, Virginia employers must provide a copy of a limited set of employment documents to employees upon receipt of a written request for such information. The law requires an employer to provide “all records or papers retained by the employer” reflecting: (i) the employee’s dates of employment; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description or title during the employment; and (iv) any injuries sustained during the course of employment with the employer. The law applies to current and former employees. The law allows an employer 30 days to produce the documents after receipt of the request. The employer may charge the employee a reasonable fee for the cost of producing the employment records. Employers should prepare to comply with the new law by updating any employee handbooks or policies that relate to access to employment records. We recommend all employers have SESCO review their Employee Handbook on annual basis to ensure compliance with all federal and state laws.