This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Kimberly H. Berry, Esq.
A new Virginia employment law has gone into effect that restricts what employees and employers can agree to in non-disclosure agreements as a condition of the employee’s employment.
On February 22, 2019, the Virginia Governor signed off on House Bill 1820, affecting all Virginia employers. HB 1820 was unanimously passed by both the Virginia House of Delegates and the Virginia Senate during the Virginia General Assembly 2019 Regular Session.
The new law specifically limits the scope of non-disclosure and confidentiality agreements between employees and employers regarding the disclosure or concealment of sexual assault claims.
The new law, at Va. Code § 40.1-28.01, prohibits a Virginia employer from requiring an employee or prospective employee from agreeing to a non-disclosure or confidentiality agreement that attempts to conceal the details relating to a claim of sexual assault as a condition of employment. Under the new Virginia law, claims of sexual assault include claims of rape, forcible sodomy, aggravated sexual battery and sexual battery.
Va. Code § 40.1-28.01 provides that these types of settlement provisions are contrary to public policy, void and unenforceable in the courts. Va. Code § 40.1-28.01 further provides that the new prohibition on non-disclosure and confidentiality agreements will in no way limit other grounds that exist in law or equity for the unenforceability of any such agreement or any provision of such agreement.
The new law can affect new and existing non-disclosure or confidentiality agreements that attempt to hide claims of sexual assaults related to employment.
If you need assistance with a federal retirement or an employment issue, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook at www.facebook.com/BerryBerryPllc.
In loving memory of Joseph Robert Kapacziewski, who passed away in 2023 at the age of 41.
In loving memory of James Stuart Edmonds, who passed away in 2023 at the age of 84.
A man was shot in front of a lounge on Columbia Pike early this morning, continuing a string of violent incidents.
Good Friday evening, Arlington. Today we published articles that were read a total of 17124 times… so far. 📈 Top stories The following are the most-read articles for today —…
YULA’s ultimate frisbee spring season is now open for registration. We offer programs for middle and high schoolers – open to all players, whether they are new or have previous experience.Middle SchoolIn the Middle School league, mixed-gender teams practice once during the week and have games on Sunday afternoons. Spring league is a fun, safe, and positive environment. The season begins mid-March and wraps up with a tournament in early June. There are several options for practice days, so we can often work around schedule conflicts with other sports & activities.High SchoolThe High School program is organized by school of attendance and teams are classified by gender. New players will learn the basics in a supportive, welcoming environment. Experienced players will continue to develop their skills, and enjoy competition with other high school programs. The season concludes with a state level championship tournament in late May.All players are guided by experienced coaches who emphasize sportsmanship and good spirit. Ultimate is a fun sport with great camaraderie!YULA does not want finances to limit anyone from participating. Our middle school program offers a “Pay What You Can” cost structure and our our high school program is offering a $50 discount to new players.Visit our website to register and learn more. Sign up with a friend, but don’t delay, the season starts in March!http://www.yula-ulti.org
The Arlington-Aachen High School exchange is returning this summer and currently accepting applicants.
The sister-city partnership started in 1993 by the Arlington Sister Cities Association, which seeks to promote Arlington’s international profile through a variety of exchanges in education, commerce, culture and the arts. The exchange, scheduled June 17th to July 4th, includes a two-week homestay in Aachen plus three days in Berlin. Knowledge of the German language is not required for the trip.
Former participants have this to say:
_”The Aachen exchange was an eye-opening experience where I was fully immersed in the life of a German student. I loved biking through the countryside to Belgium, having gelato and picnics in the town square, and hanging out with my German host student’s friends. My first time out of the country, the Aachen exchange taught me to keep an open mind, because you never know what could be a life changing experience.” – Kelly M._
Valentine gifts for someone special or for yourself are here at George Mason University from noon -4pm on February 14, 2023. Satisfy your sweet tooth with Kingsbury Chocolates, find a handmade bag from Karina Gaull, pick up treats from Village