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2020 SESSION
HB 1407 Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.
Introduced by: Jeion A. Ward | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
FULL TEXT
- 01/08/20 House: Prefiled and ordered printed; offered 01/08/20 20105144D pdf | impact statement
- 02/03/20 House: Printed as engrossed 20105144D-E pdf | impact statement
- 02/28/20 House: Bill text as passed House and Senate (HB1407ER) pdf | impact statement
- 04/06/20 Governor: Acts of Assembly Chapter text (CHAP0681) pdf
AMENDMENTS
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- House amendments adopted
- Senate amendments
- Senate amendments engrossed
HISTORY
- 01/08/20 House: Prefiled and ordered printed; offered 01/08/20 20105144D
- 01/08/20 House: Referred to Committee on Finance
- 01/23/20 House: Assigned Finance sub: Subcommittee #3
- 01/24/20 House: Subcommittee recommends reporting with amendment (7-Y 1-N)
- 01/29/20 House: Reported from Finance with amendments (16-Y 5-N)
- 01/31/20 House: Read first time
- 02/03/20 House: Read second time
- 02/03/20 House: Committee amendments agreed to
- 02/03/20 House: Engrossed by House as amended HB1407E
- 02/03/20 House: Printed as engrossed 20105144D-E
- 02/04/20 House: Read third time and passed House (55-Y 43-N)
- 02/04/20 House: VOTE: Passage (55-Y 43-N)
- 02/05/20 Senate: Constitutional reading dispensed
- 02/05/20 Senate: Referred to Committee on Finance and Appropriations
- 02/18/20 Senate: Reported from Finance and Appropriations with amendment (11-Y 3-N)
- 02/19/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/20/20 Senate: Read third time
- 02/20/20 Senate: Reading of amendment waived
- 02/20/20 Senate: Committee amendment agreed to
- 02/20/20 Senate: Engrossed by Senate as amended
- 02/20/20 Senate: Passed Senate with amendment (21-Y 19-N)
- 02/24/20 House: Placed on Calendar
- 02/24/20 House: Senate amendment agreed to by House (56-Y 43-N)
- 02/24/20 House: VOTE: Adoption (56-Y 43-N)
- 02/28/20 House: Enrolled
- 02/28/20 House: Bill text as passed House and Senate (HB1407ER)
- 02/28/20 House: Signed by Speaker
- 03/02/20 Senate: Signed by President
- 03/11/20 House: Enrolled Bill communicated to Governor on March 11, 2020
- 03/11/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/06/20 Governor: Approved by Governor-Chapter 681 (effective 1/1/21)
- 04/06/20 Governor: Acts of Assembly Chapter text (CHAP0681)