Virginia
Virginia’s new blue trifecta puts right-to-work on the line
Given its proximity to Washington, D.C., Virginia has long had a reputation for its off-year elections swinging to whatever political party does not control the White House. After four years of Republican Gov. Glenn Youngkin—whose victory came on the back of Joe Biden’s first year as president—the commonwealth went strongly Democratic this year, electing incoming Gov. Abigail Spanberger amid President Donald Trump’s second term.
Virginia Democrats now have a trifecta in Richmond, and political winds suggest that this could finally spell the end of right-to-work in the state, after nearly 80 years of the law being on the books.
Spanberger’s term doesn’t start until January, but state Democratic lawmakers have already introduced right-to-work repeal legislation that they hope to send to her desk. So far, Spanberger claims to oppose right-to-work’s repeal, but the coming weeks will show if she reverts to her career-long pro-union track record.
In late November, State Sen. Jennifer Carroll Foy (D–Woodbridge) introduced Senate Bill 32, which would repeal Virginia’s right-to-work law that prevents private sector workers from being forced to join a union or pay union agency fees as a condition of employment. During her gubernatorial campaign, Spanberger reiterated numerous times that she did not support repealing Virginia’s right-to-work law, saying that supporting repeal was a false litmus test for being pro-worker.
“I know there are those who think you can be pro-business or pro-union….I reject that idea,” said Spanberger in a campaign trail speech to the Virginia Chamber of Commerce. After the introduction of Foy’s repeal bill, a Spanberger spokesperson told the media the incoming governor “does not support repealing the current statute.”
But it’s unclear exactly what Spanberger does support, and a more granular reading of her campaign trail pledge leaves notable wiggle room. In her statements during the election, she claimed she did not support “full repeal,” while leaving the door open by saying “reforms may be necessary.”
Although it’s unclear what “partial” right-to-work repeal might look like, one potential clue may come from Virginia’s not-too-distant past. In 2020, then-Senate Majority Leader Dick Saslaw (D–Springfield) introduced legislation that was billed as a “partial repeal” of Virginia’s right-to-work law in that it did not force workers to join a union but could require the compulsory collection of so-called “agency fees” from non-union members.
Agency fees function as a union workaround for workers who refuse to join a union by still putting them on the hook to financially contribute to the union. In the 2018 case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME), the U.S. Supreme Court struck down this practice for public sector employees as a violation of First Amendment rights, but agency fees can still be collected in the private sector if permitted under state law. A similar approach to Saslaw’s prior effort could perhaps be used by Virginia Democrats to effectively gut right-to-work, while simultaneously claiming it does not technically constitute Spanberger reneging on her campaign promise.
Past right-to-work repeal bills in Virginia have had a poor track record, even among state Democrats. A 2021 repeal bill was voted down in resounding—and bipartisan—fashion by a tally of 88–13 in the House of Delegates. But since that time, numerous moderate Democrats have retired from the state legislature, making it far from certain what a vote might look like now.
For her part, Spanberger’s past record includes cosponsoring the Protecting the Right to Organize (PRO) Act while serving in the House of Representatives. The PRO Act, which included a laundry list of pro-union desires, was notable for containing provisions that would have effectively overridden state-level right-to-work laws. The incoming governor also received substantial support from labor unions, including AFSCME, during her campaign.
Spanberger is right that the choice between being pro-business and pro-worker is often a false dichotomy. But there are better ways to strike this balance than “partial” repeals of right-to-work. For instance, Virginia could look to its neighbor, Maryland, where Democratic Gov. Wes Moore has initiated a portable benefits pilot program for gig economy workers. Portable benefit models allow gig workers to use Simplified Employee Pension-style funds to purchase benefits on exchanges, which they can then take with them from job to job.
As workers increasingly show a preference for flexible work and scheduling autonomy—which often means more gig and freelancing work—this is the type of pro-worker reform that moves labor policy into the 21st century, instead of staying stuck in the labor battles of yesteryear. In addition to Maryland, deep red states like Tennessee and Utah have also implemented portable benefit models, suggesting the bipartisan appeal of such an approach.
We’ll soon see if Virginia holds the line or becomes the second state since Michigan in 2023 to repeal right-to-work. Whatever happens, Virginia’s—and America’s—labor policy debate is badly in need of an update.
Virginia
Virginia governor signs paid leave law, first in the South – WTOP News
Virginia’s governor has signed the state’s Paid Family and Medical Leave Law, making the commonwealth one of more than a dozen states offering similar benefits and the first in the South to do so.
Virginia’s governor signed the state’s Paid Family and Medical Leave Law last month, making the commonwealth one of more than a dozen states offering similar benefits and the first in the South to do so.
Gov. Abigail Spanberger made it official, saying the law is designed to help smaller businesses retain employees who encounter difficult times.
“Whether you punch a timecard, swipe a badge or work primarily for tips, you will be able to take up to 12 weeks of paid leave to address serious health needs for you and your family,” she said.
The program works similarly to unemployment insurance. Employees and employers will pay into it through payroll deductions starting in 2028. If needed, a person can receive up to 80% of their wages for up to 12 weeks. Benefits are expected to become available in December 2028.
The law is expected to apply to most workers across the state, including many who don’t currently have paid leave through their jobs.
“Three million Virginians who previously lacked access to paid family leave will have the ability to care for a loved one, to recover from a serious illness or to welcome a new child without sacrificing their pay or without ending that time with additional credit card debt. Because no one should have to choose between spending time with their newborn and paying their bills,” Spanberger said.
It also covers caring for a sick family member and can help someone dealing with domestic violence, sexual assault or stalking.
Speaking at the signing, Monica Jackson, who owns a childcare center in Springfield, said the program will help small businesses compete and better support working families.
“Enabling programs like mine to remain open, to operate sustainably and to continue serving the families who rely on us for their financial stability,” Jackson said.
State Sen. Jennifer Boysko, the bill’s chief sponsor, said she worked on the policy for eight legislative sessions and is happy to see it officially become law.
“Virginia families are going to have the grace to care for themselves and their loved ones during these most serious events without going bankrupt,” Boysko said.
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Virginia
Virginia Supreme Court voids voter-approved redistricting referendum
On May 8, the Virginia Supreme Court ruled that the General Assembly violated the state constitution when it tried to redraw congressional districts, nullifying the results of the April election in which Virginians narrowly approved redistricting.
Electoral maps are usually redrawn once every 10 years, but multiple states began redrawing them early after President Donald Trump urged Republicans to redraw district lines to ensure more favorable results for the party in the November 2026 elections.
This started a nationwide political battle for control of the U.S. House of Representatives. Texas was the first of several states to redraw districts favoring Republicans, and Virginia Democrats had proposed a constitutional amendment to allow redistricting in order to favor Democrats.
As of May 8, Republicans had initiated redistricting efforts in eight states; Democrats had led redistricting efforts in three states, including Virginia, the Washington Post reported.
In April, Virginia voters supported the redistricting amendment with 51.7% voting for it out of more than 3 million ballots cast. It could have given Democrats up to four extra seats in the U.S. House, according to the Washington Post (subscription required).
But the Virginia Supreme Court, in a 4-3 ruling, found that there were procedural errors in how the Democratic legislature handled the process, nullifying the election results.
The Virginia Constitution says that proposed constitutional amendments must pass in the General Assembly twice before the public can vote on them: once before an election of the House of Delegates, and again after an election. According to the Virginia Supreme Court majority opinion written by Justice D. Arthur Kelsey, early voting for the general election had already been open for six weeks when the General Assembly cast its first vote on the amendment in October 2025, with more than 1.3 million voters having already cast their ballots.
“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void,” the court majority opinion stated.
The court’s ruling means the state reverts to the old district maps adopted in 2021. Based on those maps, Virginia voters elected six Democrats and five Republicans to the U.S. House.
Following the court’s ruling, some Virginia Democrats who planned to run for the U.S. House told the New York Times that they have to abandon their campaigns, while others, such as Tom Perriello who is running for the 5th District, face much more difficult campaigns.
Virginia Democrats on Friday asked the court to pause the nullification of the referendum results while they prepare their appeal to the U.S. Supreme Court, according to VPM.
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