The Supreme Court’s decision in Flowers Foods v. Brock expands the FAA transportation worker exemption, affecting arbitration agreements across industries.
Virginia Governor Signs Senate Bill 170, Targeting Noncompete Agreements
Virginia Governor Abigail Spanberger signed Senate Bill 170 into law on April 13, 2026, introducing significant new restrictions on noncompete agreements that apply to all Virginia employees – not just low-wage workers. Employers should review and update their agreements and workplace postings ahead of the July 1, 2026, effective date.
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Virginia Supreme Court Orders New Trial in $2 Billion Trade Secrets Case
On Jan. 8, 2026, the Supreme Court of Virginia upheld a decision to overturn a $2 billion jury verdict in the Appian v. Pegasystems trade secrets dispute, where a unanimous jury found that Pega violated the Virginia Computer Crimes Act and misappropriated Appian’s trade secrets.
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Virginia Expands Definition of ‘Low-Wage’ Employees and Noncompetes
Effective July 1, 2025, Virginia’s noncompete law, Va. Code Ann. § 40.1-28.7:8, has been revised to expand the definition of “low-wage” employees to include all employees classified as non-exempt under the Fair Labor Standards Act (FLSA).
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Supreme Court Eliminates Heightened Discrimination Standard Under Title VII
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.
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DOL Proposes Rule to Phase Out Sub-Minimum Wage for Workers with Disabilities
On Dec. 3, 2024, the U.S. Department of Labor (DOL) announced a proposed rule that would end employers’ ability to pay workers with disabilities less than the federal minimum wage.
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Virginia Appeals Court Reverses $2 Billion Trade Secret Verdict, Remands Case for New Trial
On July 30, the Court of Appeals of Virginia reversed Appian Corp.’s $2 billion trade secrets judgment against competitor Pegasystems Inc. (Pega) and remanded the case for a new trial.
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Harm Need Not Be Significant in Title VII Suits Over Job Transfers: Supreme Court
In a unanimous 9-0 decision issued April 17, 2024, the U.S. Supreme Court held that an employee bringing a Title VII claim based on a job transfer must show that
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Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry
In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal Arbitration Act (FAA) does not require
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DOL Unveils Final Independent Contractor Rule
On Jan. 9, 2024, the U.S. Department of Labor (DOL) released a long-awaited final rule concerning when employers can classify workers as independent contractors under federal law. This is the
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