VA HB 2296

Author

Roxanne Robinson
Pocahontas Building, Room W435 900 East Main Street (804) 698-1027
Richmond, VA 23219
804-698-1027
DelRRobinson@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

Provides additional criteria for independent contractor status.

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Issue

Provides that in a proceeding involving allegations of worker misclassification an individual or business is not considered an employee with respect to a hiring party if the person qualifies as an independent contractor relative to the hiring party under the common law right-of control test as established by the Internal Revenue Service Revenue Ruling 87-41, by an applicable determination of the Internal Revenue Service, or if (i) the individual or business signs a written contract with the hiring party stating that the individual or business is self-employed or is being engaged as an independent contractor and containing certain acknowledgments, (ii) the individual or business has the right to control the manner and means by which the final result of the work is to be accomplished, and (iii) four or more additional criteria provided for in the bill are satisfied. The bill also provides that a hiring party alleging that a worker misclassification claim is frivolous or improper may file a motion to dismiss such claim. The bill provides that a contract or written agreement expressly stating that a claimant is not considered an employee is considered as prima facie evidence of a violation of frivolous pleading provisions.

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Notes

Dead. Companion to SB 1323.

History

01/18/2021 Introduced. Referred to House Committee on Labor and Commerce.
02/05/2021 Left in House Committee on Labor and Commerce upon adjournment.