Recordkeeping/Posters Law Summaries
Virginia, Recordkeeping/Posters Law Summaries
WHAT THE EMPLOYER MUST DO
Employers in Virginia have recordkeeping responsibilities under the state's child labor law, new-hire reporting law, unemployment insurance law and polygraph testing law. See RECORDKEEPING below for specific requirements.
Virginia employers must display an unemployment insurance poster, a workers' compensation notice and a safety and health poster. Public contractors may be required to post nondiscrimination provisions. See POSTERS below for specific requirements.
RECORDKEEPING
Maximum hours of work: Child labor.- Every employer employing minors under 16 must keep a time book or time cards or other appropriate records for those employees that show the beginning and ending time of work each day, together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding 12 months for each such minor employee must be kept on the premises for a period of 36 months from the date of the latest work period recorded for the minor employee involved (Va CodeAnn, Sec. 40.1-81.1).
Each street or public place occupation permittee must maintain such records as may be prescribed by the Commissioner of Labor and Industry showing, among other information, the hours worked by each employee. Such records must be available for inspection by the commissioner or a representative designated by the commissioner during business hours (Va CodeAnn, Sec. 40.1-112(C)).
Child labor.- Every employer employing minors under 16 must keep a time book or time cards or other appropriate records for those employees that show the beginning and ending time of work each day, together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding 12 months for each such minor employee must be kept on the premises for a period of 36 months from the date of the latest work period recorded for the minor employee involved (Va CodeAnn, Sec. 40.1-81.1).
Employment certificates.- With limited exceptions (see ¶48-1500 ), employers of children under 16 must keep employment certificates on file for those children. The certificates must be accessible to any school attendance officer, representative of the Department of Labor and Industry or other authorized enforcement officials (Va CodeAnn, Sec. 40.1-84).
Agricultural labor.- Every employer (other than parents or guardians standing in the place of parents employing their own child or a child in their custody) who employs in agriculture any minor under 16 on days when school is in session or on any day if the minor is employed in a hazardous occupation, must maintain and preserve records containing the following data with respect to each and every such minor so employed (16 VAC 15-50-40):
name in full.
place where minor lives while employed. If the minor's permanent address is elsewhere, give both addresses.
date of birth.
Street or public place occupations.- Each street or public place occupation permittee must maintain such records as may be prescribed by the Commissioner of Labor and Industry showing the name, residence address and age of each employee, the hours worked by each employee, the place where such work was performed, and the compensation paid and payable to such employee. Such records must be available for inspection by the commissioner or a representative designated by the commissioner during business hours (Va CodeAnn, Sec. 40.1-112(C)).
Student-learner agreements.- Employers must keep copies of student-learner agreements on file (16 VAC 15-50-30(C)). See¶48-1500 for additional information on student-learner agreements.
Work-training programs.- Employers must keep copies of work-training program agreements on file (Va CodeAnn, Sec. 40.1-89). See ¶48-1500 for additional information on work-training program agreements.
New-hire reporting.- Employers must keep true and accurate work records containing information prescribed by the Employment Security Commission (Va CodeAnn, Sec. 60.2-114, as amended by Ch. 108 (H. 1374), L. 1998, effective July 1, 1998).
Unemployment insurance.- Employers must keep true and accurate work records containing information prescribed by the Virginia Employment Commission. These records must be open to inspection by the commission or any of its authorized agents. They, in turn, must keep confidential any information obtained from the records. However, claimants will be supplied with information from the records to the extent necessary for the proper presentation of that individual's claim (Va CodeAnn, Sec. 60.2-114, as amended by Ch. 108 (H. 1374), L. 1998, effective July 1, 1998).
Retention requirement: four years.
Reports.- The commission may require employers to submit sworn or unsworn reports concerning their employees. Information so obtained will not be published or open to public inspection, but benefit claimants will be supplied with information necessary for proper presentation of their claims (Va CodeAnn, Sec. 60.2-114, as amended by Ch. 108 (H. 1374), L. 1998, effective July 1, 1998).
Polygraph testing.- Any written record of the results of a polygraph test given by an employer to a prospective employee must be destroyed or maintained in a confidential file and may only be disclosed with the consent of the person who was tested (Va CodeAnn, Sec. 40.1-51.4:3).
Social security numbers.- Under the Government Data Collection and Dissemination Practices Act, on and after July 1, 2004, no agency shall display the social security number of a data subject on an employee identification card, except that for universities and colleges that have such a prevention plan for misuse of personal information in place on or before July 1, 2004, in compliance with this section, the date shall be January 1, 2005. On and after July 1, 2006, no agency shall display an individual's entire social security number on any employee identification card (Va CodeAnn, Sec. 2.2-3800, as amended by Ch. 914 (H. 2175) and Ch. 927 (H. 2063), L. 2002).
On and after July 1, 2004, no state agency as defined in Sec. 42.1-77 shall deliver or cause to be delivered an envelope or package upon which a social security number is printed or applied or can be seen from the outside of the envelope or package (Va CodeAnn, Sec. 2.2-3800, as amended by Ch. 914 (H. 2175) and Ch. 927 (H. 2063), L. 2002).
Additionally, under Chapter 640 (H. 2482), L. 2004, enacted March 23, 2005, except as otherwise specifically provided by law, a person shall not (Va CodeAnn, Sec. 59.1-443.2(A), as added by Ch. 640 (H. 2482), L. 2004):
Intentionally communicate an individual's social security number to the general public;
Print an individual's social security number on any card required for the individual to access or receive products or services provided by the person;
Require an individual to use his or her social security number to access an Internet website, unless a password, unique personal identification number or other authentication device is also required to access the site; or
Send or cause to be sent or delivered any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package, or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.
This section does not prohibit the collection, use, or release of a social security number as permitted by the laws of Virginia or the United States, or the use of a social security number for internal verification or administrative purposes, unless such use is prohibited by a state or federal law, rule, or regulation (Va CodeAnn, Sec. 59.1-443.2(B), as added by Ch. 640 (H. 2482), L. 2004).
In the case of any (1) health care provider as defined in Sec. 8.01-581.1, (2) manager of a pharmacy benefit plan, (3) insurer as defined in Sec. 38.2-100, (4) corporation providing a health services plan, (5) HMO providing a health care plan for health care services, or (6) contractor of any such person, the prohibition contained in item (2) in the list just above shall become effective on January 1, 2006 (Va CodeAnn, Sec. 59.1-443.2(C), as added by Ch. 640 (H. 2482), L. 2004).
No person shall embed an encrypted or unencrypted social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this section (Va CodeAnn, Sec. 59.1-443.2(E), as added by Ch. 640 (H. 2482), L. 2004).
Immigration.- All public bodies shall provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986 (Va CodeAnn, Sec. 2.2-4311.1, as added by Ch. 702 (S. 517), L. 2008).
POSTERS
PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.
Alexandria living wage.-
Alexandria Living Wage Poster
VA_Alexandria_Living_Wage.pdf
Unemployment insurance.- Employers must post and maintain in places readily accessible to individuals in its service all posters related to unemployment insurance that are furnished by the Virginia Employment Commission.
How to order.- For information about unemployment insurance posters, contact the Virginia Employment Commission, 703 E. Main St., P.O. Box 1358, Richmond, VA 23211. Telephone: (800) 242-4654 (in Virginia) and (804) 786-1485 (out-of-state).
Virginia Notice to Workers - English
VA_Notice_Eng.pdf
Virginia Notice to Workers - Spanish
VA_Notice_Sp.pdf
Earned income tax credit.- Every employer shall post in the same location where other employee notices required by state or federal law are posted any notice provided by the Virginia Department of Social Services that informs employees that they may be eligible for federal and state earned income tax credits and may apply for the credit on their tax returns or receive the credit in advance payments during the year (Va CodeAnn, Sec. 40.1-28.7:3, as added by Ch. 698 (S. 860), L. 2008, enacted March 30, 2009, effective July 1, 2009).
Fair employment practices.-Public contracts.- All public bodies must include in every contract of over $10,000 the following provisions (Title 11, Ch. 7, Sec. 11-51, as amended by Ch. 628 (H. 596), L. 2000, effective July 1, 2000):
During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants, notices setting forth the provisions of this nondiscrimination clause. (b) The contractor, in all solicitations or ads for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. (c) Notices, ads and solicitations placed in accordance with federal law, rule or regulation will be deemed sufficient for the purpose of meeting the requirements of this section.
The contractor will include the provisions of the foregoing items (a), (b) and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
Smoking in the workplace.-Virginia Indoor Clean Air Act.- The proprietor or other person in charge of a space subject to this law must post signs conspicuous to public view stating “Smoking Permitted” or “No Smoking,” and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating “No-Smoking Section Available” (Va CodeAnn, Sec. 15.2-2801(E)).
Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by an ordinance must post in an appropriate place, in a clear, conspicuous, and sufficient manner, “Smoking Permitted” signs, “No Smoking” signs, or “No-Smoking Section Available” signs (Va CodeAnn, Sec. 15.2-2808).
Mines.- The operator, or its agent, must display, in bold-faced type, on a sign placed at the mine office, bath house, and on a bulletin board at the mine site, the following notice (Va CodeAnn, Sec. 45.1-161.179):
NOTICE
IT IS UNLAWFUL FOR A MINER OR OTHER PERSON IN AN UNDERGROUND COAL MINE TO SMOKE OR CARRY OR POSSESS UNDERGROUND ANY SMOKER'S ARTICLES OR MATCHES, LIGHTERS, OR SIMILAR MATERIALS GENERALLY USED FOR IGNITING SMOKER'S ARTICLES. A VIOLATION IS PUNISHABLE AS A CLASS 6 FELONY. ANY PERSON ENTERING OR PRESENT IN THE UNDERGROUND AREA OF ANY COAL MINE IS SUBJECT TO A SEARCH OF HIS PERSON AND PROPERTY BY OFFICIALS OF THE DEPARTMENT OF MINES, MINERALS AND ENERGY FOR SUCH PROHIBITED SMOKER MATERIALS AT ANY TIME WHILE UNDERGROUND.
Any storage place for oxygen and acetylene bottles must be posted to prohibit smoking (Va CodeAnn, Sec. 45.1-161.238), and battery charging areas must be posted with warning signs prohibiting smoking within 25 feet (Va CodeAnn, Sec. 45.1-161.267(F)).
Drug testing.- Public contractors (over $10,000) must post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations (Va CodeAnn, Sec. 2.2-4312).
Workers' compensation.-
Virginia Workers' Compensation Notice - English
VA_WC_Eng.pdf
Virginia Workers' Compensation Notice - Spanish
VA_WC_Sp.pdf
Safety and health.-
Virginia Job Safety and Health Protection Poster - English
VA_Safety_Eng.pdf
Virginia Job Safety and Health Protection Poster - Spanish
VA_Safety_Sp.pdf