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07/06/2004 |
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Appeared in The Daily Record Confusion and misunderstanding have spread throughout the Virginia business community in the past several days over the repeal — or better stated, the attempted repeal — of Virginia's Day of Rest laws. The attempted repeal was stayed by the Richmond Circuit Court on July 2. Virginia law has long required that certain employees be permitted one day of rest each week. In modern days, numerous exceptions mitigated its practical impact. This past spring the Virginia General Assembly passed legislation to repeal some remaining day of rest statutes. Governor Warner signed the legislation into law on April 20. The repeal went into effect on July 1. The General Assembly did not repeal all statutes ensuring a day of rest. At the same time, though, the General Assembly repealed the many exceptions to the remaining laws. It appears that this was not the General Assembly's intent, but an inadvertent result. Nonetheless, effective July 1, Virginia law requires that all employees be given a twenty-four hour period, each week, as a day of rest. Non-managerial employees may choose Saturday or Sunday as their day of rest. A Saturday day of rest is only available to those who follow that day as their Sabbath and who actually refrain from all secular business. Violation of the Day of Rest laws is a misdemeanor subject to a maximum $500 fine. In addition, an employee required to work on the day of rest may recover treble wages. Several Virginia businesses successfully petitioned the Richmond Circuit Court for injunctive relief on July 2. The Court enjoined enforcement of the "new" law for up to 90 days so that it may conduct further hearings on "serious" constitutional issued. The long-standing exemption of many classes of employees from a mandatory day of rest remains in effect pending further order of the Court. Governor Warner has stated his support to enact retroactive legislation at the next legislative session. At present, Governor Warner declines to convene special session of the General Assembly to enact corrective legislation. Harold G. Belkowitz is a principal practicing in Ober|Kaler's Employment & Labor Group. He is based in the firm's Washington, DC office and can be reached at 202-326-5037 or hgbelkowitz@ober.com. |
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Ober, Kaler, Grimes & Shriver Maryland
Washington, D.C. Virginia
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