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.
2019 SESSION
19102096DPatrons-- Spruill, Petersen, Boysko, Ebbin, Howell and McClellan; Delegate: Kory
Be it enacted by the General Assembly of Virginia:
1. That § 40.1-28.9 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-28.9. Definition of terms.
A. As used in this article:
A. "Employer"
includes any individual, partnership, association, corporation, business trust,
or any person or groups of persons acting directly or indirectly in the
interest of an employer in relation to an employee;
B. "Employee"
includes any individual employed by an employer, except the following:
1. Any person employed as a farm laborer or farm employee;
2. Any person employed in domestic service or in or about a private home or in an eleemosynary institution primarily supported by public funds;
3. Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist, or where the services rendered to such organizations are on a voluntary basis;
4. Newsboys, shoe-shine boys,
caddies Caddies
on golf courses, babysitters, ushers,
doormen, concession attendants and cashiers in theaters;
5. Traveling salesmen or outside salesmen working on a
commission basis;, taxicab drivers, and
taxicab operators;
6. Any person under the age of 18 in the employ of his father, mother, or legal guardian;
7. Any person confined in any penal or corrective institution
of the State
Commonwealth or any of its political subdivisions or
admitted to a state hospital or training center operated by the Department of
Behavioral Health and Developmental Services;
8. Any person employed by a boys'
and/or girls' summer camp for
boys, girls, or both boys and girls;
9. Any person under the age of 16, regardless of by whom employed;
10. Any person who normally works and is paid based on the amount of work done;
11. [Repealed.] Babysitters who are not employed
more than 10 hours per week;
12. Any person whose employment is covered by the Fair Labor Standards Act of 1938 as amended;
13. Any person whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability;
14. Students participating in a bona fide educational program;
15. Any person employed
by an employer who does not have four or more persons employed at any one time;
provided that husbands, wives, sons, daughters and parents of the employer
shall not be counted in determining the number of persons employed;
16. Any person who is less than 18 years of age and who is
currently enrolled on a full-time basis in any secondary school, institution of
higher education, or
trade school, provided that
the person is not employed more than 20 hours per week;
16A. 16. Any
person of any age who is currently enrolled on a full-time basis in any
secondary school, institution of higher education,
or trade school and is in a work-study program or its equivalent at the
institution at which he or she
is enrolled as a student; or
17. Any person who is less than 18 years of age and who is under the jurisdiction and direction of a juvenile and domestic relations district court.
C. "Employer" includes any individual,
partnership, association, corporation, or business
trust or any person or groups of persons acting directly or indirectly in the
interest of an employer in relation to an employee.
"Wages" means legal tender of the United States or
checks or drafts on banks negotiable into cash on demand or upon acceptance at
full value;,
provided, that
wages may include the reasonable cost to the employer of furnishing meals and for
lodging to an employee, if such board or lodging is customarily furnished by
the employer, and used by the employee.
D. B. In determining the wage of a
tipped employee, the amount paid such employee by his employer shall be deemed
to be increased on account of tips by an amount determined by the employer,
except in the case of an employee who establishes by clear and convincing
evidence that the actual amount of tips received by him was less than the
amount determined by the employer. In such case, the amount paid such employee
by his employer shall be deemed to have been increased by such lesser amount.