VirginiaEmployee protections; minimum wage and overtime wages, civil actions, misclassification of workers.
What it does
Employee protections; minimum wage and overtime wages; civil actions; misclassification of workers. Provides that an employer that violates minimum wage or overtime wages 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.
More detail
Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs, and such actions are required to be commenced within three years after the cause of action accrued. The bill also increases from 300 days to two years the amount of time a complainant has to file an allegation of discriminatory practice with the Office of Civil Rights of the Department of Law alleging a violation of the Virginia Human Rights Act or federal statutes governing discrimination in employment that also falls under the jurisdiction of the Virginia Human Rights Act. Additionally, the bill provides that a civil action brought by an individual against his employer for failing to properly classify the individual as an employee under current law shall be commenced within three years after the cause of action accrued.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Apr 2House sustained Governor's vetoLatest
- Mar 24Vetoed by Governor Glenn YoungkinMajor
- Mar 11Governor's Action Deadline 11:59 p.m., March 24, 2025To Governor
- Mar 11Enrolled Bill communicated to Governor on March 11, 2025Minor
- Mar 10Signed by PresidentMajor
- Mar 7Signed by SpeakerMajor
- Mar 7Fiscal Impact Statement from Department of Planning and Budget (HB2561)
- Mar 7Bill text as passed House and Senate (HB2561ER)Major
- Mar 7EnrolledMinor
- Feb 19Passed Senate (21-Y 19-N)Passed Senate
- Vote recorded Passed Senate (21-Y 19-N). Result: pass.Upper
- Feb 19Read third timeMinor
- Feb 18Passed by for the day
- Vote recorded Constitutional reading dispensed (on 2nd reading) (40-Y 0-N). Result: pass.Upper
- Feb 18Constitutional reading dispensed (on 2nd reading) (40-Y 0-N)
- Feb 18Rules suspended
- Feb 17Reported from Commerce and Labor (9-Y 6-N)Minor
- Vote recorded Reported from Commerce and Labor (9-Y 6-N). Result: pass.Upper
- Feb 6Fiscal Impact Statement from Department of Planning and Budget (HB2561)
- Feb 4Referred to Committee on Commerce and LaborMinor
- Feb 4Constitutional reading dispensed (on 1st reading)
- Feb 3Read third time and passed House (51-Y 48-N)Passed House
- Vote recorded Read third time and passed House (51-Y 48-N). Result: pass.Lower
- Jan 31Read second time and engrossedMinor
- Jan 30Read first timeMinor
- Jan 28Reported from Labor and Commerce (12-Y 10-N)Minor
- Vote recorded Reported from Labor and Commerce (12-Y 10-N). Result: pass.Lower
- Jan 23Subcommittee recommends reporting (5-Y 3-N)
- Vote recorded Subcommittee recommends reporting (5-Y 3-N). Result: pass.Lower
- Jan 21Assigned L & C sub: Subcommittee #2Minor
- Jan 12Referred to Committee on Labor and CommerceMinor
- Jan 12Prefiled and ordered printed; Offered 01-13-2025 25104499DIntroduced