(Employ) Employment & Labor
HB 1 Minimum wage; increases wage to $13.50 per hour effective January 1, 2025.
Chief patron: Ward
Summary as introduced:
Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to SB 1.
02/23/24 Senate: Read third time
02/23/24 Senate: Passed Senate (21-Y 18-N)
02/28/24 House: Enrolled
02/28/24 House: Bill text as passed House and Senate (HB1ER)
03/01/24 House: Impact statement from DPB (HB1ER)
HB 14 Unemployment compensation; employer's failure to respond to requests for information, etc.
Chief patron: Ware
Summary as passed House:
Unemployment compensation; employer failure to respond to
requests for information; claim determination; notice requirements.
Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission's third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation.
02/28/24 Senate: Senators: Ebbin, Surovell, Peake
03/01/24 Conference: Amended by conference committee
03/01/24 Senate: Conference report agreed to by Senate (40-Y 0-N)
03/01/24 House: Conference report agreed to by House (97-Y 0-N)
03/01/24 House: VOTE: Adoption (97-Y 0-N)
HB 139 Underground infrastructure works by public service companies; payment of prevailing wage rate.
Chief patron: Simonds
Summary as passed House:
Prevailing wage rate for underground infrastructure works by public service companies. Directs the Department of Labor and Industry to determine and make available the prevailing wage rate for underground infrastructure work. Under the bill, each public service company shall ensure that its bid specifications or other contracts applicable to underground infrastructure works require payment at the prevailing wage rate. The bill requires contractors and subcontractors to post the prevailing wage rate in a prominent and accessible place at the work site. The bill also requires each public service company, contractor, or subcontractor subject to the provisions of the bill to comply with certain recordkeeping requirements. Provisions of the bill apply to contracts entered into on or after July 1, 2024.
02/13/24 Senate: Constitutional reading dispensed
02/13/24 Senate: Referred to Committee on Commerce and Labor
02/26/24 Senate: Reported from Commerce and Labor (8-Y 7-N)
02/26/24 Senate: Rereferred to Finance and Appropriations
02/29/24 Senate: Reported from Finance and Appropriations with amendments (10-Y 4-N)
HB 157 Minimum wage; farm laborers or farm employees, temporary foreign workers.
Chief patron: McClure
Summary as passed House:
Minimum wage; farm laborers or farm employees;
temporary foreign workers. Eliminates the exemptions from Virginia's
minimum wage requirements for (i) persons employed as farm laborers
or farm employees and (ii) certain temporary foreign workers. This bill incorporates HB 866.
01/25/24 Senate: Referred to Committee on Commerce and Labor
02/26/24 Senate: Reported from Commerce and Labor (9-Y 6-N)
02/28/24 Senate: Constitutional reading dispensed (39-Y 0-N)
02/29/24 Senate: Read third time
02/29/24 Senate: Passed Senate (20-Y 19-N)
HB 165 Income tax, state; deduction for union dues.
Chief patron: Keys-Gamarra
Summary as introduced:
Income tax deduction; union dues. Provides
an income tax deduction beginning in taxable year 2024 for the amount
paid by an individual for union dues for participation in a labor
organization.
01/02/24 House: Prefiled and ordered printed; offered 01/10/24 24101848D
01/02/24 House: Referred to Committee on Finance
01/18/24 House: Assigned Finance sub: Subcommittee #1
01/24/24 House: Impact statement from TAX (HB165)
02/13/24 House: Left in Finance
HB 325 Minimum wage and overtime wages; civil actions.
Chief patron: Thomas
Summary as introduced:
Minimum wage and overtime wages; civil actions.
Provides that an employer that violates minimum wage or overtime
provisions is liable to the employee for the applicable remedies,
damages, or other relief available in an action brought pursuant
to the civil action provisions currently available for the nonpayment
of wages. Such provisions currently available provide that an employee
may bring an action in a court of competent jurisdiction to recover
payment of the wages, and the court is required to award the wages
owed, an additional equal amount as liquidated damages, plus prejudgment
interest thereon, and reasonable attorney fees and costs. If the
court finds that the employer knowingly failed to pay wages to an
employee, the court is required award the employee an amount equal
to triple the amount of wages due and reasonable attorney fees and
costs. Such actions are required to be commenced within three years
after the cause of action accrued.
02/02/24 House: Read second time
02/02/24 House: Passed by for the day
02/05/24 House: Motion to rerefer to committee agreed to
02/05/24 House: Rereferred to Labor and Commerce
02/13/24 House: Left in Labor and Commerce
HB 348 Employment; paid sick leave, civil penalties.
Chief patron: Ward
Summary as introduced:
Employment; paid sick leave; civil penalties. Expands
provisions of the Code that currently require one hour of paid sick leave for
every 30 hours worked for home health workers to cover all employees of private
employers and state and local governments. The bill requires that employees who
are employed and compensated on a fee-for-service basis accrue paid sick leave
in accordance with regulations adopted by the Commissioner of Labor and
Industry. The bill provides that employees transferred to a separate division
or location remain entitled to previously accrued paid sick leave and that
employees retain their accrued sick leave under any successor employer. The
bill allows employers to provide a more generous paid sick leave policy than
prescribed by its provisions. Employees, in addition to using paid sick leave
for their physical or mental illness or to care for a family member, may use
paid sick leave for their need for services or relocation due to domestic
abuse, sexual assault, or stalking.
The bill provides that certain health care workers who work no
more than 30 hours per month may waive the right to accrue and use paid sick
leave. The bill also provides that employers are not required to provide paid
sick leave to certain health care workers who are employed on a pro re nata, or
as-needed, basis, regardless of the number of hours worked. The bill requires
the Commissioner to promulgate regulations regarding employee notification and
employer recordkeeping requirements.
The bill authorizes the Commissioner, in the case of a knowing
violation, to subject an employer to a civil penalty not to exceed $150 for the
first violation, $300 for the second violation, and $500 for each successive
violation. The Commissioner may institute proceedings on behalf of an employee
to enforce compliance with the provisions of this bill. Additionally, an
aggrieved employee is authorized to bring a civil action against the employer
in which he may recover double the amount of any unpaid sick leave and the
amount of any actual damages suffered as the result of the employer's
violation. The bill has a delayed effective date of January 1, 2025.
02/01/24 House: Referred to Committee on Appropriations
02/02/24 House: Impact statement from DPB (HB348)
02/02/24 House: Assigned App. sub: Health & Human Resources
02/07/24 House: Subcommittee recommends continuing to 2025
02/09/24 House: Continued to 2025 in Appropriations
HB 370 Employment; annual interactive training and education; harassment and workplace discrimination.
Chief patron: Martinez
Summary as introduced:
Employment; training and education; harassment
and workplace discrimination. Requires each employer with 50
or more employees, including the Commonwealth and its agencies, institutions,
and political subdivisions, to provide annual interactive training
and education regarding harassment and workplace discrimination,
as both terms are defined in the bill, by July 1, 2025. The bill
includes specific training and education requirements for supervisory
and nonsupervisory employees, seasonal and temporary employees who
are hired to work for less than six months, and migrant and seasonal
agricultural workers. The training and education required under the
bill must be provided by an educator or human resources professional
with knowledge and expertise in the subject matter and must include
a method for employees to electronically save a certificate of completion
of such training and education. The bill requires the Department
of Labor and Industry to make online courses for the required training
available on its website beginning January 1, 2025.
01/06/24 House: Referred to Committee on Labor and Commerce
01/15/24 House: Assigned L & C sub: Subcommittee #2
01/18/24 House: House subcommittee amendments and substitutes offered
01/18/24 House: Subcommittee recommends laying on the table (7-Y 1-N)
02/13/24 House: Left in Labor and Commerce
HB 543 Virginia Employment Commission; appeals proceedings, appeal tribunals and Board of Review.
Chief patron: Walker
Summary as introduced:
Virginia Employment Commission; appeals proceedings;
appeal tribunals and Board of Review; repeal. Specifies that
any determination made by the Virginia Employment Commission in regards
to any amount required to be deducted and withheld from unemployment
compensation for purposes of child support obligations is final.
The bill contains a number of technical amendments related to the
Commission's appeals proceedings. The bill also repeals provisions
related to appeal tribunals and the Commission-appointed Board of
Review and contains technical amendments.
01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24103102D
01/09/24 House: Referred to Committee on Labor and Commerce
01/19/24 House: Impact statement from DPB (HB543)
02/13/24 House: Left in Labor and Commerce
HB 569 Employment discrimination; employee notification of federal and state statute of limitations.
Chief patron: Henson
Summary as passed:
Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
02/26/24 House: VOTE: Adoption (50-Y 46-N)
02/28/24 House: Impact statement from DPB (HB569S1)
02/29/24 House: Enrolled
02/29/24 House: Bill text as passed House and Senate (HB569ER)
03/01/24 House: Impact statement from DPB (HB569ER)
HB 734 Delivery network companies; portable benefit accounts.
Chief patron: Thomas
Summary as introduced:
Delivery network companies; portable benefit accounts.
Requires a delivery network company, defined in the bill as a business entity
that maintains an online-enabled application or platform used to facilitate
delivery services, to contribute an amount equal to four percent of an eligible driver's earnings in the immediately preceding quarter
earned through that delivery network company. Additionally, the eligible driver may make voluntary contributions to the
portable benefit account. The bill provides that a
delivery driver is eligible for the portable benefit account if the driver
earned $1,000 delivering in a quarter. Under the bill, funds in a portable
benefit account may be used to (i) compensate for
lost income due to (a) an illness or accident, (b)
the birth or adoption of a child of the driver, (c)
a state of emergency, or (d) an earnings loss; (ii)
transfer funds to an individual retirement account; or (iii) cover expenses
incurred for premiums for health insurance coverage in the individual market.
The bill provides that a portable benefit account is exempt from taxation, and contributions to the portable benefit account are
not included in the driver's gross income. The bill requires the delivery
network company to purchase insurance to cover
medical expenses and lost income resulting from injuries suffered while the
driver was engaged on a delivery network company's
online-enabled application or platform. Additionally, the bill prohibits a
delivery network company from discriminating against drivers based on certain
classes. The bill provides that delivery drivers are classified as independent
contractors, notwithstanding the provision of benefits required by the bill.
The bill also provides that jurisdiction in all matters concerning delivery
network companies and app-based delivery drivers shall be exclusively vested in
the state. Finally the bill provides that its provisions regarding the
classification of delivery drivers as independent contractors are not severable.
01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24104927D
01/09/24 House: Referred to Committee on Labor and Commerce
01/30/24 House: Stricken from docket by Labor and Commerce (22-Y 0-N)
HB 737 Paid family and medical leave insurance program; notice requirements, civil action.
Chief patron: Sewell
Summary as introduced:
Paid family and medical leave insurance program;
notice requirements; civil action. Requires the Virginia Employment
Commission to establish and administer a paid family and medical
leave insurance program with benefits beginning January 1, 2027.
Under the program, benefits are paid to covered individuals, as defined
in the bill, for family and medical leave. Funding for the program
is provided through premiums assessed to employers and employees beginning
January 1, 2026. The bill provides that the amount of a benefit is
80 percent of the employee's average weekly wage, not to exceed
80 percent of the state weekly wage, which amount is required to be
adjusted annually to reflect changes in the statewide average weekly
wage. The bill caps the duration of paid leave at 12 weeks in any
application year and provides self-employed individuals the option
of participating in the program.
01/25/24 House: Subcommittee recommends referring to Committee on Appropriations
01/30/24 House: Impact statement from DPB (HB737)
01/30/24 House: Reported from Labor and Commerce (12-Y 10-N)
01/30/24 House: Referred to Committee on Appropriations
02/13/24 House: Left in Appropriations
HB 770 Retaliatory action against employee prohibited; remedies available.
Chief patron: Delaney
Summary as passed:
Retaliatory action against employee prohibited;
remedies available. Provides that a violation of certain provisions
regarding retaliatory action against employees may be alleged in
a court of competent jurisdiction within one year of the employer's
final prohibited retaliatory action. The bill states that in such
cases, double damages may be awarded if such violation was willful.
02/26/24 House: Senate amendment agreed to by House (50-Y 46-N)
02/26/24 House: VOTE: Adoption (50-Y 46-N)
02/29/24 House: Enrolled
02/29/24 House: Bill text as passed House and Senate (HB770ER)
03/01/24 House: Impact statement from DPB (HB770ER)
HB 780 Collective bargaining by public employees; public transportation providers.
Chief patron: Callsen
Summary as introduced:
Collective bargaining by public employees; public
transportation providers. Permits the governing body of a public
transportation provider, as defined in the bill, to adopt a resolution
authorizing such public transportation provider to (i) recognize
a labor union or other employee association as a bargaining agent
of public officers and employees and (ii) collectively bargain or
enter into a collective bargaining contract with such union or association
or its agents with respect to any matter relating to such transportation
district or its employees.
01/09/24 House: Referred to Committee on Labor and Commerce
01/16/24 House: Impact statement from DPB (HB780)
01/18/24 House: Assigned L & C sub: Subcommittee #2
01/25/24 House: Subcommittee recommends incorporating (HB1001-Tran)
01/30/24 House: Incorporated by Labor and Commerce (HB1001-Tran)
HB 866 Minimum wage; farm laborers or farm employees, temporary foreign workers.
Chief patron: Hernandez
Summary as introduced:
Minimum wage; farm laborers or farm employees;
temporary foreign workers. Eliminates the exemptions from Virginia's
minimum wage requirements for (i) persons employed as farm laborers
or farm employees and (ii) certain temporary foreign workers.
01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24101875D
01/09/24 House: Referred to Committee on Labor and Commerce
01/18/24 House: House committee, floor amendments and substitutes offered
01/18/24 House: Incorporated by Labor and Commerce (HB157-McClure)
HB 990 Employer seeking wage or salary history of prospective employees; prohibited.
Chief patron: Maldonado
Summary as passed:
Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to SB 370.
02/26/24 House: Senate substitute agreed to by House 24107923D-S1 (50-Y 46-N)
02/26/24 House: VOTE: Adoption (50-Y 46-N)
02/29/24 House: Enrolled
02/29/24 House: Bill text as passed House and Senate (HB990ER)
03/01/24 House: Impact statement from DPB (HB990ER)
HB 1001 Collective bargaining by public employees; labor organization representation.
Chief patron: Tran
Summary as introduced:
Collective bargaining by public employees; labor
organization representation. Repeals the existing prohibition
on collective bargaining by public employees. The bill creates the
Public Employee Relations Board, which shall determine appropriate
bargaining units and provide for certification and decertification
elections for exclusive bargaining representatives of state employees
and local government employees. The bill requires public employers
and employee organizations that are exclusive bargaining representatives
to meet at reasonable times to negotiate in good faith with respect
to wages, hours, and other terms and conditions of employment. The
bill repeals a provision that declares that, in any procedure providing
for the designation, selection, or authorization of a labor organization
to represent employees, the right of an individual employee to vote
by secret ballot is a fundamental right that shall be guaranteed from
infringement.
01/30/24 House: Committee substitute printed 24106634D-H1
01/30/24 House: Incorporates HB780 (Callsen)
01/30/24 House: Referred to Committee on Appropriations
02/02/24 House: Impact statement from DPB (HB1001H1)
02/13/24 House: Left in Appropriations
HB 1098 Unpaid family bereavement leave; civil penalty.
Chief patron: Rasoul
Summary as passed House:
Unpaid family bereavement
leave; civil penalty. Requires that an employer that employs 50 or more employees provide
eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any
12-month period to (i) attend the funeral or funeral equivalent of a covered
family member; (ii) make arrangements necessitated by the death of a covered
family member; (iii)
grieve the death of a
covered family member; or (iv) be absent from work due to (a) a miscarriage,
(b) an unsuccessful round of intrauterine insemination or of an assisted
reproductive technology procedure, (c) a failed adoption match or an adoption
that is not finalized because it is contested by another party, (d) a failed
surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or
fertility, or (f) a stillbirth. The bill requires the employee to provide
notice of his intent to take the leave if reasonable and practicable and
provides that an employer may require reasonable documentation of the death or
event. The bill requires the employer to restore the employee's position
following the leave, to continue to provide coverage for the employee under any
health benefit plan, and to pay the employee any commission earned prior to the
leave. The bill prohibits the employer from taking retaliatory action against
the employee for taking family bereavement leave. The bill requires the
Commissioner of Labor and Industry to enforce its provisions and provides for
civil penalties for violations of its requirements.
02/26/24 Senate: Committee substitute printed 24108279D-S1
02/26/24 Senate: Rereferred to Finance and Appropriations
02/28/24 House: Impact statement from DPB (HB1098S1)
02/29/24 Senate: Committee substitute printed 24108645D-S2
02/29/24 Senate: Reported from Finance and Appropriations with substitute (14-Y 0-N)
HB 1258 Employee protections; discipline for political activity or affiliations prohibited.
Chief patron: Milde
Summary as introduced:
Employee protections; discipline for political
activity or affiliations prohibited. Prohibits an employer from
(i) directing the political activity or affiliations of an employee;
(ii) discharging, disciplining, or discriminating against an employee
for such employee's lawful engagement or refusal to engage in any
political activity or affiliations; and (iii) refusing to hire, employ,
or license an individual on the basis of such individual's political
activity or affiliations. The bill provides exceptions to these requirements
where an employer believes that such actions are required by statute,
regulation, or other mandate, where a professional services contract
permits an employer to limit the off-duty activities of an individual,
and in the case of a religious exemption. A violation of the provisions
of the bill may be subject to a civil action within one year of the
employer's prohibited retaliatory action.
01/10/24 House: Referred to Committee on Labor and Commerce
01/23/24 House: Assigned L & C sub: Subcommittee #2
02/01/24 House: Subcommittee recommends reporting (3-Y 2-N)
02/02/24 House: Impact statement from DPB (HB1258)
02/06/24 House: Tabled in Labor and Commerce (11-Y 10-N)
HB 1284 Firefighters and emergency medical services; collective bargaining by providers, definitions.
Chief patron: Askew
Summary as passed House:
Collective bargaining by firefighters and emergency
medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency services. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on the parties involved.
02/13/24 Senate: Constitutional reading dispensed
02/13/24 Senate: Referred to Committee on Commerce and Labor
02/26/24 Senate: Reported from Commerce and Labor (9-Y 6-N)
02/26/24 Senate: Rereferred to Finance and Appropriations
02/29/24 Senate: Continued to 2025 in Finance and Appropriations (14-Y 0-N)
HB 1344 Employee protection; prohibited retaliation, prohibited nondisclosure & nondisparagement provisions.
Chief patron: McQuinn
Summary as introduced:
Employee protection; prohibited retaliation;
prohibited nondisclosure and nondisparagement provisions; civil action.
Prohibits the inclusion of a provision in any employment contract
that has the purpose or effect of concealing illegal activity or
activity an employee believes to be unlawful, including unlawful
sexual harassment, discrimination, wage theft, and protected whistleblowing,
as those terms are described in existing law. Under the bill's provisions,
no employer shall discharge or otherwise retaliate against an employee,
prospective employee, or independent contractor for disclosing or
discussing conduct that such employee reasonably believes to be discrimination,
including harassment, retaliation, a wage or hour violation, sexual
assault, fraud against taxpayers, shareholders, the government, consumers,
or other employees, or other conduct that is against a clear mandate
of public policy. An employer that violates the provisions of the
bill shall be liable for the greater of actual damages or statutory
damages of $10,000, as well as reasonable attorney fees and costs.
The bill also requires employers to include in any settlement agreement
or employment agreement with an employee a disclaimer that such agreement
does not prohibit an employee from disclosing conduct as protected
under the bill. The provisions of the bill apply to contracts entered
into, renewed, modified, or amended on or after July 1, 2024.
01/12/24 House: Referred to Committee on Labor and Commerce
01/23/24 House: Assigned L & C sub: Subcommittee #2
01/26/24 House: Impact statement from DPB (HB1344)
02/08/24 House: Subcommittee recommends continuing to 2025
02/08/24 House: Continued to 2025 in Labor and Commerce
HB 1440 Virginia Public Procurement Act; public works contracts, project labor agreements.
Chief patron: Wiley
Summary as introduced:
Virginia Public Procurement Act; public works
contracts; project labor agreements. Removes the statutory authority
for any public body, including any state or local government, when
engaged in procuring products or services or letting contracts for
construction, manufacture, maintenance, or operation of public works,
to require bidders to enter into or adhere to project labor agreements
on the public works projects.
01/18/24 House: Referred to Committee on General Laws
01/26/24 House: Assigned GL sub: Procurement/Open Government
01/29/24 House: Impact statement from DPB (HB1440)
01/30/24 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/13/24 House: Left in General Laws
HB 1470 Income tax, state; deduction for union dues.
Chief patron: Keys-Gamarra
Summary as introduced:
Income tax deduction; union dues. Provides
an income tax deduction beginning in taxable year 2024 for the amount
paid by an individual for union dues for participation in a labor
organization.
01/19/24 House: Referred to Committee on Finance
01/25/24 House: Assigned Finance sub: Subcommittee #1
01/27/24 House: Impact statement from TAX (HB1470)
01/29/24 House: Subcommittee recommends continuing to 2025
01/31/24 House: Continued to 2025 in Finance
SB 1 Minimum wage; increases wage to $13.50 per hour effective January 1, 2025.
Chief patron: Lucas
Summary as introduced:
Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to HB 1.
02/23/24 House: Passed House (51-Y 47-N)
02/23/24 House: VOTE: Passage (51-Y 47-N)
02/28/24 Senate: Enrolled
02/28/24 Senate: Bill text as passed Senate and House (SB1ER)
03/01/24 Senate: Impact statement from DPB (SB1ER)
SB 370 Employer seeking wage or salary history of prospective employees; prohibited.
Chief patron: Boysko
Summary as passed Senate:
Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 990.
02/23/24 House: Passed House (50-Y 48-N)
02/23/24 House: VOTE: Passage (50-Y 48-N)
02/28/24 Senate: Enrolled
02/28/24 Senate: Bill text as passed Senate and House (SB370ER)
02/28/24 Senate: Impact statement from DPB (SB370ER)
SB 373 Paid family and medical leave insurance program; notice requirements, civil action.
Chief patron: Boysko
Summary as passed Senate:
Paid family and medical leave insurance program;
notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.
02/26/24 House: Passed House with substitute (50-Y 46-N)
02/26/24 House: VOTE: Passage (50-Y 46-N)
02/28/24 Senate: House substitute agreed to by Senate (20-Y 19-N)
02/28/24 Senate: Title replaced 24107967D-H1
02/29/24 Senate: Impact statement from DPB (SB373H1)
SB 374 Collective bargaining by public employees; labor organization representation.
Chief patron: Boysko
Summary as introduced:
Collective bargaining by public employees;
labor organization representation. Repeals the existing prohibition
on collective bargaining by public employees. The bill creates the
Public Employee Relations Board, which shall determine appropriate
bargaining units and provide for certification and decertification
elections for exclusive bargaining representatives of state employees
and local government employees. The bill requires public employers
and employee organizations that are exclusive bargaining representatives
to meet at reasonable times to negotiate in good faith with respect
to wages, hours, and other terms and conditions of employment. The
bill repeals a provision that declares that, in any procedure providing
for the designation, selection, or authorization of a labor organization
to represent employees, the right of an individual employee to vote
by secret ballot is a fundamental right that shall be guaranteed from
infringement.
01/29/24 Senate: Committee substitute printed 24106388D-S1
01/29/24 Senate: Rereferred to Finance and Appropriations
02/02/24 Senate: Impact statement from DPB (SB374S1)
02/06/24 Senate: Senate subcommittee amendments and substitutes offered
02/14/24 Senate: Left in Finance and Appropriations
SB 485 Employee protections; employer-sponsored meetings on political matters, civil action.
Chief patron: Carroll Foy
Summary as introduced:
Employee protections; employer-sponsored meetings
on political matters; civil action. Prohibits an employer from
retaliating against an employee (i) because such employee declines
to attend or participate in an employer-sponsored meeting or receive
an employer's communications conveying an opinion about political
matters, as defined in the bill; (ii) as a means of inducing an employee's
attendance at such meeting or receipt of such communications; or
(iii) because the employee reports a suspected violation of the bill's
provisions. The bill permits an employee alleging a violation of
the bill's provisions to bring an action in civil court within 90
days after such violation occurs for appropriate relief, including
injunctive relief, reinstatement, compensation for lost wages, benefits,
and other remuneration, interest, and reasonable attorney fees and
costs.
01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24102604D
01/09/24 Senate: Referred to Committee on Commerce and Labor
02/01/24 Senate: Impact statement from DPB (SB485)
02/05/24 Senate: Continued to 2025 in Commerce and Labor (15-Y 0-N)
SB 494 Live-in domestic workers; overtime pay for certain employees.
Chief patron: Aird
Summary as introduced:
Overtime for certain employees; live-in domestic
workers. Adds individuals who are employed in domestic service
in a household and reside in such household to provisions related
to overtime pay.
02/27/24 House: Reported from Labor and Commerce (14-Y 7-N)
02/29/24 House: Read second time
03/01/24 House: Read third time
03/01/24 House: Passed House (52-Y 44-N)
03/01/24 House: VOTE: Passage (52-Y 44-N)
SB 623 Firefighters and emergency medical services; collective bargaining by providers.
Chief patron: Lucas
Summary as introduced:
Collective bargaining by firefighters and emergency
medical services providers. Authorizes firefighters and emergency
medical services providers employed by a political subdivision of
the Commonwealth to engage in collective bargaining through labor
organizations or other designated representatives. The bill provides
for the appointment of a three-member board of arbitration regarding
any dispute arising between an employer and firefighters or emergency
services. Under the bill, determinations made by such board of arbitration
are final on a disputed issue and are binding on the parties involved.
01/22/24 Senate: Senate committee, floor amendments and substitutes offered
01/22/24 Senate: Reported from Commerce and Labor with substitute (8-Y 6-N)
01/22/24 Senate: Committee substitute printed 24105500D-S1
01/22/24 Senate: Rereferred to Finance and Appropriations
01/31/24 Senate: Continued to 2025 in Finance and Appropriations (13-Y 2-N)
SB 685 Minimum wage and overtime pay; warehouse distribution center employees and employers, civil action.
Chief patron: Carroll Foy
Summary as introduced:
Minimum wage and overtime pay; warehouse distribution
center employees and employers; civil action; civil penalty. Provides
that (i) an employer that violates requirements in existing law relating
to the minimum wage, payment of wages and salaries, or overtime pay
or (ii) a warehouse employer, as defined in the bill, that violates
the bill's provisions shall be liable to an impacted employee for
certain remedies, damages, and other relief as specified in the bill.
The bill requires a warehouse employer to provide each warehouse
employee, as defined in the bill, a written description of each performance
standard to which such employee is subject and of any potential adverse
employment action that may result from such employee's failure to
meet such performance standard. The bill prohibits a warehouse employer
from taking adverse action against a warehouse employee for such
employee's use of a bathroom facility. The bill provides that a warehouse
employer that violates the bill's provisions relating to warehouse
employers is subject to a civil penalty not to exceed $5,000 for
each violation.
01/18/24 Senate: Presented and ordered printed 24105407D
01/18/24 Senate: Referred to Committee on Commerce and Labor
02/05/24 Senate: Continued to 2025 in Commerce and Labor (15-Y 0-N)
Counts: HB: 23 SB: 8
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