Summary of September 2025’s Employment and Labor Law Updates for Arlington, Virginia
Welcome to the September 2025 edition of our Virginia labor law roundup, curated for employees, HR professionals, and compliance leaders. Brought to you by HKM Employment Attorneys, this post highlights key court rulings, statutory changes, and enforcement trends in Virginia’s labor and employment space during September 2025.
September 2025 saw two especially significant developments in Virginia’s employment law landscape: the Stacy decision reaffirming the viability of hybrid class and collective actions under certain pay practices, and the ongoing emergence of liability under the new “vulnerable victim” statute for misconduct by employees. Employers across sectors—especially health and services to vulnerable populations—should reassess their exposure, policies, and compliance posture under these changes. If you have questions, want a tailored analysis, or need assistance with policies and risk mitigation strategies, please contact HKM Employment Attorneys at hkm.com.
Stacy v. Jennmar Corporation of Virginia — Court Ruling (Wage & Hour / Class Certification)
Date: September 30, 2025
Summary:
In Stacy v. Jennmar Corporation of Virginia, Senior Judge James P. Jones (W.D. Va.) denied the employer’s motions to decertify both an FLSA collective action and a Rule 23 state-law class action. The plaintiffs alleged that Jennmar’s time-rounding policies and pre-shift safety-required duties resulted in systemic underpayment across multiple facilities. Jennmar argued that Bojangles (Stafford v. Bojangles) required individualized inquiries to predominate and thus precluded certification. The court disagreed, distinguishing Bojangles and finding that the common questions here were sufficiently cohesive for classwide adjudication.
Implications:
Employers in Virginia, particularly those with multi-site operations or standardized pay practices, should assess whether class or collective certification is feasible for wage-and-hour claims. The ruling underscores that Bojangles is not dispositive in all contexts; employers should examine carefully whether their compensation practices can be challenged on a classwide basis. Defense strategies should focus not only on individual issues but also on attacking commonality, predominance, and the nuances distinguishing the employer’s operations from Bojangles.
New Virginia “Vulnerable Victim” Employer Liability Law — Legislation / Statutory Update
Date: Effective July 1, 2025 (discussed publicly in September 2025)
Summary:
Virginia’s 2025 General Assembly passed an amendment under HB 1730 (codified at Va. Code § 8.01-42.6), creating a new private cause of action against employers for injuries or wrongful death caused by an employee’s conduct toward a “vulnerable victim.” A “vulnerable victim” includes persons with physical or mental disabilities, nursing home residents, patients, spa clients, assisted living residents, and others. Courts may hold employers liable if:
- The employee was reasonably likely to come into contact with a vulnerable victim;
- The employer failed to exercise reasonable care in preventing or controlling the employee such that an unreasonable risk of harm existed;
- The employer knew or should have known of the necessity and opportunity to control the employee; and
- The employer knew or should have known of the ability to control the employee.
Commentary around September 2025 highlighted the law’s potential reach, especially in health care, caregiving, transportation, and service industries, given its expansion of employer exposure for intentional misconduct.
Implications:
Employers with operations involving vulnerable populations must revisit risk assessments, supervision policies, and training protocols. In sectors such as health care, assisted living, elder care, non-emergency medical transport, and spa services, the statute significantly raises exposure for employee misconduct. Employers should audit contracts, liability insurance, and internal controls to ensure they are prepared for potential claims under this new standard.
HR and legal teams should also confirm workplace posters and notices reflect the updated non-compete law.
Developments in Public Sector Collective Bargaining — Guidance / Commentary
Date: September 13, 2025 (presentation summary)
Summary:
At the Virginia Bar Association’s Labor & Employment Law conference in Richmond on September 13, 2025, speakers from IslerDare provided a public sector law update analyzing the state of collective bargaining for local government and school board employees under Va. Code § 40.1-57.2. Since 2021, localities and school boards may adopt ordinances or resolutions to permit collective bargaining by certain public employees. The presentation addressed practical considerations, legal risks, and best practices in structuring bargaining units and drafting frameworks.
Implications:
Municipalities, school systems, and counties contemplating collective bargaining should attend closely to procedural rules, unit determination, and draft agreements to minimize exposure to unfair labor practice claims.
HR and labor counsel in public sector entities should monitor evolving ordinance adoptions and ensure internal policies are consistent with Virginia’s collective bargaining framework.
Conclusion: Looking Back on Virginia’s Labor Law Updates from September 2025
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, from 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.
