SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 40.1-28, 40.1-113, and 40.1-114 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment.
It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer as a condition of employment.
Any employer who violates the provisions of this section shall
be subject to a civil penalty not to exceed $100 for each violation. The
Commissioner shall notify any employer who he alleges has violated any
provision of this section by certified mail or overnight delivery service. Such
notice shall contain a description of the alleged violation. Within 21 days of
receipt of notice of the alleged violation, the employer may request an
informal conference regarding such violation with the Commissioner. If the
employer fails to contest the violation by requesting such an informal
conference within 21 days following its receipt of the notice of the alleged
violation, the violation and proposed penalty will become a final order of the
Commissioner and not subject to review by any court or agency except upon a
showing of good cause. Such informal conference shall result in a decision by
the Commissioner that will be appealable to the appropriate circuit court. The
Department shall send a copy of the Commissioner's decision to the employer by
certified mail or overnight delivery service. The employer may file a notice of
an appeal only within 30 days from the receipt of the decision. The appeal
shall be on the agency record. With respect to matters of law, the burden shall
be on the party seeking review to designate and demonstrate an error of law
subject to review by the court. With respect to issues of fact, the duty of the
court shall be limited to ascertaining whether there was substantial evidence
in the record to reasonably support the Commissioner's findings of fact. A
penalty determination by the Commissioner shall be final, unless within fifteen
days after receipt of such notice the person charged with the violation
notifies the Commissioner by certified mail that he intends to contest the proposed
penalty before the appropriate general district court.
Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the Treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.
§ 40.1-113. Child labor offenses; civil penalties.
A. Whoever employs, procures, or, having under his control,
permits a child to be employed, or issues an employment certificate, in
violation of any of the provisions of this chapter other than §§ 40.1-100.2,
40.1-103 and 40.1-112, shall be subject to a civil penalty that (i) shall not
exceed $10,000 for each violation that results in the employment of a child who
is seriously injured or who dies in the course of that employment and (ii)
shall not exceed $1,000 for each other violation. In determining the amount of
such penalty, the appropriateness of such penalty to the size of the business
of the person charged and the gravity of the violation shall be considered. The
determination by the Commissioner shall be final, unless within fifteen days
after receipt of such notice the person charged with the violation notifies the
Commissioner by certified mail that he intends to contest the proposed penalty
before the appropriate general district court.
B. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner's decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner's findings of fact.
C. Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.
§ 40.1-114. Enforcement of child labor law.
The Commissioner, with the assistance of state and
local law-enforcement officers, shall enforce the provisions of this chapter
and shall have authority to appoint such representatives as may be necessary to
secure the enforcement of this chapter. He shall make all necessary rules and
regulations for carrying out the purposes of this chapter, and shall prescribe
and supply to the proper officials blanks for employment certificates and
such other forms as may be required for carrying out the provisions of
this chapter.