May 2026’s Employment and Labor Law Updates for Arlington, Virginia
May brought major changes to Virginia labor law, including new statewide paid-leave programs and notable court decisions affecting discrimination, whistleblower, WARN Act, and ERISA claims. This May 2026 employment update from HKM Employment Attorneys is designed for employees, HR professionals, and compliance leaders tracking Virginia workplace rights.
Virginia’s May 2026 employment update shows a state moving toward broader paid-leave protections while courts continue to refine the limits of discrimination, whistleblower, and employment-related claims. Employees and employers with questions about Virginia workplace rights should contact HKM Employment Attorneys for legal guidance.
Khan v. McAlister — Virginia Court of Appeals Ruling
Date: May 5, 2026
Summary: In a published decision, the Virginia Court of Appeals held that an individual supervisor cannot be sued personally under the Virginia Human Rights Act’s reasonable-accommodation provision merely because that supervisor acted as an employer’s agent. The case arose from a police officer trainee’s disability-accommodation claim against a former police chief in her individual capacity. The court concluded that the VHRA’s reference to an employer’s “agent” establishes respondeat superior liability for the qualifying employer; it does not create personal liability for an individual supervisor.
Implications: Employees pursuing VHRA disability-accommodation claims should carefully identify the proper institutional employer. For Virginia employers, the ruling narrows one avenue of individual-manager liability while reinforcing that the employer itself may remain responsible for discriminatory acts carried out through managers or other agents.
Workman v. LHC Group, Inc. — Fourth Circuit Whistleblower Ruling
Date: May 8, 2026
Summary: The Fourth Circuit affirmed dismissal of a Virginia Whistleblower Protection Act claim brought by an employee who alleged he was fired after reporting sexualized comments made by a nonemployee guest at a company picnic. The court concluded that, even assuming a federal-style “reasonable belief” standard applied, the complaint did not plausibly show that the employee had an objectively reasonable belief that the reported conduct violated a law or regulation. The opinion is unpublished and therefore is not binding precedent in the Fourth Circuit.
Implications: Employees who report suspected legal violations should describe the conduct and the law or regulation they believe is implicated as specifically as possible. Employers should continue treating internal reports seriously, documenting investigations, and avoiding retaliation even where the alleged violation may ultimately be unsupported.
Virginia Creates a Paid Family and Medical Leave Program — Legislation
Date: May 11, 2026
Summary: Governor Abigail Spanberger signed legislation creating Virginia’s statewide paid family and medical leave program. Beginning in 2028, most Virginia workers, including part-time workers and employees of small businesses, will be eligible for up to 12 weeks of paid leave for qualifying needs such as bonding with a new child, recovering from a serious illness, caring for a family member with a serious health condition, or addressing qualifying military-family needs. Benefits are expected to replace about 80% of an employee’s average weekly wage, subject to a cap tied to the statewide average weekly wage.
Implications: This is one of the most significant Virginia labor law developments of 2026. Employers should begin reviewing leave policies, payroll systems, benefits administration, and any private leave plans well ahead of implementation, while employees should watch for additional guidance from the Virginia Employment Commission.
HB 1263 — Public-Sector Collective Bargaining Proposal Vetoed
Date: May 14, 2026
Summary: Governor Spanberger vetoed House Bill 1263, a proposal that would have repealed an existing statutory prohibition on collective bargaining by public employees and created a more comprehensive state framework for public-sector labor relations. The bill would have addressed bargaining units, employee representation, and negotiations involving wages, hours, and other employment terms.
Implications: Because the bill was vetoed, the proposed statewide expansion did not take effect. Public employers, unions, and public employees should continue to evaluate collective-bargaining rights under the existing Virginia legal framework and any applicable local rules or agreements.
HB 5 and SB 199 — Statewide Paid Sick Leave Expansion
Date: May 20, 2026
Summary: Virginia enacted statewide paid sick leave legislation requiring employers to provide one hour of paid sick leave for every 30 hours worked, up to five paid sick days per year. The new law covers full-time and part-time employees and is scheduled to begin in July 2027, with implementation phased by employer size.
Implications: Virginia employers should review existing paid-time-off, attendance, discipline, payroll, and recordkeeping practices before the law takes effect. The law gives many employees a new statewide right to accrue paid time for their own illness or to care for a sick family member, making policy compliance an important workplace-rights issue across the Commonwealth.
Messer v. Garrison Investment Group, LP — Fourth Circuit WARN Act and ERISA Ruling
Date: May 26, 2026
Summary: In a published decision, the Fourth Circuit affirmed dismissal of a follow-on lawsuit brought by former Bristol Compressors employees. The workers had previously won a class judgment against their employer for WARN Act and ERISA violations, but after the employer became insolvent, they sought to collect from a lender and related entities that had not been found liable in the original action. The court held that the later case lacked an independent basis for federal jurisdiction and could not be used simply to impose the existing judgment on new parties through alter-ego or veil-piercing theories.
Implications: For workers and counsel pursuing WARN Act or ERISA claims, the decision highlights the importance of identifying potentially liable related entities and preserving single-employer theories during the original litigation. Employers, lenders, and parent entities should also note that WARN Act regulations supply a specific framework for assessing related-entity liability.
Mirshahi v. Patient First Richmond Medical Group, LLC — Fourth Circuit Employment Ruling
Date: May 27, 2026
Summary: The Fourth Circuit affirmed dismissal of a physician’s claims for wrongful discharge, retaliation under the Virginia Whistleblower Protection Act, discrimination, and defamation following her termination from a medical clinic. The court found that a COVID-era emergency regulation did not provide the express public policy required for a Virginia Bowman wrongful-discharge claim. It also concluded that the employee’s allegations did not adequately show that she made a good-faith report of a legal or regulatory violation to a supervisor or government official. The opinion is unpublished and is not binding precedent.
Implications: The decision illustrates the narrow scope of Virginia wrongful-discharge claims based on public policy and the need for employees to connect whistleblower reports to an alleged violation of state or federal law, rather than a general concern about workplace conduct or internal best practices. Employers should still approach health-and-safety complaints carefully and ensure that managers understand anti-retaliation obligations.
Conclusion: Looking Back on Virginia’s Labor Law Updates from May 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.
