April 2026’s Employment and Labor Law Updates for Arlington, Virginia
Virginia saw a notably active month for labor and employment law in April 2026, with new court rulings and a major package of state workplace legislation moving toward implementation. This April 2026 employment update is designed for Virginia employees, HR professionals, compliance leaders, and employers tracking Virginia labor law changes, brought to you by HKM Employment Attorneys.
April 2026 brought significant changes to Virginia labor law, including wage increases, pay transparency, non-compete restrictions, paid leave expansion, wage enforcement changes, and new court guidance on Title VII and arbitration issues. Employees, HR leaders, and employers with questions about Virginia workplace rights or compliance can contact HKM Employment Attorneys at https://hkm.com for guidance.
Piscitelli v. GitLab, Inc. — Court Ruling
Date: April 7, 2026
Summary:
In Piscitelli v. GitLab, Inc., the U.S. Court of Appeals for the Fourth Circuit affirmed dismissal of a former employee’s Title VII religious discrimination and retaliation claims. The plaintiff alleged that GitLab discriminated and retaliated against him after he raised questions about a religious or medical exemption from COVID-19 vaccination requirements and later was terminated for lack of a required security clearance. The Fourth Circuit held that the complaint did not plausibly allege religious discrimination and that asking for accommodation paperwork, without submitting an accommodation request, was not enough to plead protected activity for a Title VII retaliation claim.
Implications:
This ruling matters for Virginia workplace rights because it underscores that employees must clearly communicate an accommodation request and connect alleged adverse action to a protected religious belief or protected activity. For employers, it reinforces the importance of documenting legitimate, non-discriminatory reasons for termination, especially where accommodation issues are also present.
Geneva Enterprises, LLC v. Chavez — Court Ruling
Date: April 10, 2026
Summary:
In Geneva Enterprises, LLC v. Chavez, the Fourth Circuit dismissed an appeal involving former employees who had initiated mass arbitration claims alleging violations of the Virginia Wage Payment Act and, for one claimant, the Fair Labor Standards Act. The employer sought to block or limit arbitration after disputing whether all claimants were bound by arbitration agreements and refusing to pay arbitration initiation fees. The Fourth Circuit held that it lacked appellate jurisdiction because the district court’s order effectively kept the case stayed pending arbitration, which is generally not immediately appealable under the Federal Arbitration Act.
Implications:
For Virginia wage-and-hour disputes, this decision highlights the procedural complexity of mass arbitration and arbitration-fee disputes. Employees and employers in Virginia should pay close attention to arbitration agreement language, fee obligations, and the limits on midstream appeals once a court has directed arbitration to proceed.
Virginia Minimum Wage Increase — Legislation
Date: April 9, 2026
Summary:
Virginia enacted legislation to move the state minimum wage toward $15 per hour by 2028. Under the new schedule, the state minimum wage is set at $12.77 for 2026, $13.75 in 2027, and $15.00 in 2028, after which annual adjustments will again be tied to inflation.
Implications:
This is one of the most significant April 2026 Virginia labor law developments for hourly workers and employers. Virginia employers should begin budgeting for wage increases, while employees should be aware of the scheduled increases and their rights under state wage law.
Expanded Virginia Non-Compete Restrictions — Legislation
Date: April 13, 2026
Summary:
Governor Abigail Spanberger signed SB 170, further restricting the enforceability of non-compete and other restrictive covenant agreements in Virginia. The law applies to restrictive covenants entered into, amended, or renewed on or after July 1, 2026, and generally bars enforcement against employees who are discharged unless the employer terminates the employee for cause or provides severance benefits or another monetary payment disclosed in the agreement.
Implications:
This development affects both employees and employers in Virginia. Workers may gain added protection from post-employment restrictions after involuntary termination, while employers should review non-compete, non-solicitation, and related agreements before July 1, 2026.
Pay Transparency and Salary History Restrictions — Legislation
Date: April 22, 2026
Summary:
Virginia approved HB 636/SB 215, creating new pay transparency and salary history restrictions effective July 1, 2026. The law prohibits employers from seeking or relying on an applicant’s wage or salary history in certain employment decisions and requires employers to disclose wage or salary ranges in public and internal postings for jobs, promotions, transfers, and other employment opportunities. Civil penalties may apply, and aggrieved applicants may bring private actions under the statute.
Implications:
This is a major Virginia workplace rights update for job applicants and employees seeking internal promotions or transfers. Employers should update job postings, compensation review processes, recruiter scripts, and HR training to avoid improper salary-history questions or noncompliant postings.
Expanded Wage Theft and Wage Enforcement Remedies — Legislation
Date: Late April 2026
Summary:
Virginia also enacted HB 238, restructuring wage, hour, misclassification, prevailing wage, and overtime enforcement. The legislation expands the definition of “wages,” enhances remedies for wage violations, and gives the Labor Commissioner broader enforcement authority. It also increases recordkeeping expectations and strengthens prevailing wage obligations for covered public works projects.
Implications:
This change is especially important for Virginia employees bringing wage claims and for employers in industries with overtime, commission, tip, prevailing wage, or worker-classification issues. Employers should review payroll practices, paystub retention, contractor classifications, and public works compliance procedures.
Virginia Human Rights Act Expansion — Legislation
Date: April 2026
Summary:
Virginia enacted changes expanding coverage under the Virginia Human Rights Act. According to employment law summaries of the enacted legislation, the law lowers the employer-size threshold to businesses with at least five employees and expands the time period for filing certain discrimination complaints.
Implications:
This development broadens the reach of Virginia anti-discrimination law. Smaller employers may face new compliance obligations, while more workers may gain access to state-law protections for discrimination and related workplace rights claims.
Statewide Paid Sick Leave and Paid Family and Medical Leave — Legislation
Date: Late April 2026
Summary:
Virginia approved major paid leave legislation, including a phased statewide paid sick leave law and a paid family and medical leave insurance program. The paid sick leave law will require accrual of one hour of paid sick leave for every 30 hours worked, up to 40 hours per year, with phased employer coverage beginning in 2027. The paid family and medical leave insurance program is scheduled to provide eligible employees with up to 12 weeks of paid leave for qualifying family and medical reasons beginning in 2028 or later, depending on implementation dates.
Implications:
These laws represent a major shift in Virginia labor law and employee benefits compliance. Employees should gain broader paid leave protections over the next several years, while employers should prepare payroll, leave administration, handbook, and job-restoration procedures well before the effective dates.
Voluntary Emergency Responder Protections — Legislation
Date: April 2026
Summary:
Virginia enacted new protections for employees who miss work to serve as voluntary emergency responders during declared emergencies. The law prohibits employer retaliation and allows affected workers to seek remedies such as reinstatement and lost wages.
Implications:
This update affects employers with workers who serve as volunteer emergency responders, including firefighters, rescue squad members, and similar roles. Virginia employers should update attendance and anti-retaliation policies to account for protected emergency-response absences.
Conclusion: Looking Back on Virginia’s Labor Law Updates from April 2026
If you’ve been following recent Virginia court decisions and feel concerned about workplace bias or contract disputes right here in Arlington, remember that you don’t have to face these challenges alone. Our Arlington team at HKM Employment Attorneys has successfully advocated for Northern Virginia employees—whether they work for federal agencies or major employers in Fairfax County—across a wide range of issues, discrimination and wage disputes to contract and ethics matters. With more than $250 million recovered for clients and a reputation for fearless representation, we’ll work to secure your legal rights while you move forward from recent case news. Reach out to our Arlington office to discuss your situation and learn how we’re here to champion your case locally.
