The critical legislative battle continues unfolding in the Virginia General Assembly, as lawmakers move to close a legal loophole that has left the Commonwealth’s vast sales force vulnerable to wage theft. House Bill 238, introduced during the 2026 legislative session, has officially advanced through the House of Delegates with a 64-35 vote and is now headed to the Senate Committee on Commerce and Labor. The urgency follows a December 30, 2025, ruling by the Virginia
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Salespeople in Virginia are in trouble. Due to a recent Virginia Supreme Court decision, sales commissions in Virginia are no longer considered wages under the Virginia Wage Payment Act. The decision is a jolt to any salesperson with a commission plan that falls under Virginia law, as it removes the primary means of full recovery, and it ends substantial employer penalties for withholding earned but unpaid commissions. The decision rips the teeth from the statute
Read More... →An arbitrator has awarded over $200,000 to a client represented by Natalie Koss, Esq., for unpaid sales commissions. The employer sells billions of dollars of open source software service packages annually. The successful arbitration award is for a technology salesperson who disputed the manner his employer categorized sales. The employer improperly categorized new sales as renewals for certain deals. When he alerted his employer to the mistake, they did nothing to resolve the situation and
Read More... →Natalie Koss, Esq., has won a $2.8 million arbitration award for her client, who was a high-performing technology salesperson in Federal sector sales. The award is for employment discrimination that the employee experienced when he tried to take parental leave at a publicly traded company in Maryland. According to the award, the employer is liable for interfering with the employee’s rights under the Family and Medical Leave Act and then retaliating against him when he
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