VA HB 238

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

Category

Employee Misclassification

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State

VA

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Summary

Creates new civil remedies and expands the liability for misclassification of employees.

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Issue

Strengthens wage enforcement and worker classification standards by expanding the definition of employer to include entities exercising direct or indirect control over wages, hours, or working conditions. Emphasizes an economic reality and control-based framework for determining employee status, rather than relying solely on contractual designations.

Increases enforcement authority for misclassification cases and broadens liability exposure across contracting chains, including subcontractors where operational control or economic dependence is present. While implementation of certain joint-and-several liability provisions is delayed in construction contexts, the bill establishes a stronger compliance and enforcement framework for wage and labor violations.

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Notes

Effective 7/1/2026.

History

01/08/2026 Prefiled.
01/08/2026 Referred to House Committee on Labor and Commerce.
01/15/2026 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.
01/29/2026 Read first time in House.
01/30/2026 Amendments offered on floor.
01/30/2026 Read second time in House.
01/30/2026 Committee substitute agreed to in House.
01/30/2026 Amendments agreed to in House.
01/30/2026 Engrossed by House.
02/02/2026 Read third time. Passed House.
02/03/2026 Constitutional first reading dispensed.
02/03/2026 Referred to House Committee on Commerce and Labor.
02/11/2026 Fiscal Impact statement submitted.
02/13/2026 Fiscal Impact Statement from Department of Planning and Budget submitted.
03/03/2026 Reported from Senate Committee on Commerce and Labor with substitute. Rereferred to Senate Committee on Finance and Appropriations. Committee Substitute printed. Fiscal impact statement received.
03/06/2026 House received Fiscal Impact Statement from Department of Planning and Budget.
03/06/2026 Passed from Senate Committee on Finance and Appropriations.
03/10/2026 Read third time in Senate.
03/10/2026 Senate Committee on Commerce and Labor Substitute agreed to. Engrossed by Senate.
03/10/2026 Passed Senate with substitute.
03/11/2026 Senate substitute rejected by House.
03/12/2026 Senate insisted on substitute. Senate requested conference committee. House acceded to request. House and Senate conferees appointed.
03/14/2026 Conference report agreed to by House and Senate. Fiscal impact statement received in House. Conference report released.
03/23/2026 Fiscal Impact Statement received in House from Department of Planning and Budget.
03/30/2026 Enrolled in House as passed by House and Senate.
03/31/2026 Signed by Speaker of the House.
03/31/2026 Communicated to Governor.
04/02/2026 House received Fiscal Impact Statement from Department of Planning and Budget.
04/13/2026 Governor's recommendation received by House.
04/14/2026 Fiscal Impact statement received from VCSC .
04/14/2026 Substitute bill with Governor's recommendation reprinted in House and engrossed.
04/16/2026 House substitute bill reprinted.
04/20/2026 Fiscal Impact statement received in House.
04/22/2026 House and Senate concurred in Governor's recommendation.
04/22/2026 Governor's recommendation adopted. Reenrolled. Signed by Speaker of the House and President of the Senate.
04/22/2026 Approved by Governor.