VA SB 1323

Author

Siobhan Dunnavant
Pocahontas Building, Room E613, 900 East Main Street
Richmond, VA 23219
804-698-7512
district12@senate.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 HB 2296.

History

01/12/2021 Introduced. Referred to Senate Committee on Commerce and Labor.
01/25/2021 Rereferred from Senate Committee on Commerce and Labor to Senate Committee on Judiciary.
02/01/2021 Committee amendments
02/01/2021 Left in Senate Committee on Judiciary upon adjournment.