(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