VA HB 1106

Author

Jennifer Boysko
Pocahontas Building, Room E217, 900 East Main Street
Richmond, VA 23219
804-698-1086
DelJBoysko@house.virginia.gov
Author Detail Link
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Bill Text

Category

Employee Misclassification

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State

VA

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Summary

Concerns investigation of possible wrongful misclassification of employees as independent contractors, and states penalties, etc.

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Issue

Authorizes the Attorney General, upon reasonable cause to believe that a person is wrongfully misclassifying employees within the Commonwealth as independent contractors, to conduct an investigation into such possible wrongful misclassification. Upon probable cause that a person has wrongfully misclassified employees within the Commonwealth as independent contractors, the Attorney General shall have the authority to file a complaint in the circuit court where such person is located, seeking recovery of all amounts owed to departments and commissions of Virginia, unpaid wages or overtime for employees, and any other losses of benefits, amounts due under the law, and damages employees suffered due to the wrongful misclassification. The circuit court may award judgment in the amount owed, including prejudgment and post-judgment interest, and assess all costs and reasonable attorney fees against a person who wrongfully misclassified employees as independent contractors.

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Notes

Died upon adjournment.

History

01/10/18 Prefiled and ordered printed. Committee referral pending.