VA HB 238

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Author

Alfonso Lopez
General Assembly Building, Room 1014, 201 North 9th Street
Richmond, VA 23219
804-698-1003
DelALopez@house.virginia.gov
Author Detail Link

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Bill Text

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Category

Employee Misclassification

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State

VA

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Summary

Amends state labor and employment law related to wage payment, and misclassification of workers, including defining “wages” to encompass damages from misclassification and expands civil actions.

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Issue

Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, or the misclassification of workers 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. 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.

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Notes

Pending House action.

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History

01/08/2026 Prefiled.
01/08/2026 Referred to House Committee on Labor and Commerce.
1/15/2026 Assigned to Subcommittee #2 in House Committee on Labor and Commerce.
01/22/2026 Substitute offered by Subcommittee #2.
01/22/2026 Subcommittee #2 in House Committee on Labor and Commerce recommends reporting with substitute
01/27/2026 House received Fiscal Impact Statement from Department of Planning and Budget.