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2020 SPECIAL SESSION I

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Clerk: Hobie Lehman, Autumn Green
Staff: Tom Stevens
Date of Meeting: September 16, 2020
Time and Place: 9 AM / Public can register to speak on Gen. Assembly website
Updated to add HB 5116

H.B. 5028

Patron: Jones

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability from COVID-19.

20200397D

H.B. 5047

Patron: Murphy

Virginia Post-Disaster Anti-Price Gouging Act; manufacturers and distributors. Prohibits any manufacturer or distributor from selling necessary goods or services at an unconscionable price during a declared state of emergency. Under current law, the prohibition does not apply to a manufacturer or distributor unless it advertises its goods or services to consumers.

A BILL to amend and reenact §§ 59.1-526 and 59.1-527 of the Code of Virginia, relating to the Virginia Post-Disaster Anti-Price Gouging Act; manufacturers and distributors.

20200223D

H.B. 5087

Patron: Tran

Unemployment compensation; short-time compensation; sunset repeal; emergency. Repeals two sunset provisions from legislation enacted during the 2020 Regular Session of the General Assembly that, among other things, established a short-time compensation program that provides employers with the option of reducing the hours worked by employees while permitting the employees whose hours are reduced to receive partial compensation for lost wages. The bill also extends the date by which the Virginia Employment Commission is required to establish and implement such short-time compensation program from January 1, 2021 to January 1, 2022.The bill contains an emergency clause.

A BILL to amend and reenact § 60.2-712 of the Code of Virginia and to repeal the third and fourth enactments of Chapter 1261 of the Acts of Assembly of 2020, relating to unemployment compensation; short-time compensation; sunset repeal; emergency,

20200548D

EMERGENCY

H.B. 5115

Patron: Price

Emergency laws; civil relief; citizens furloughed or otherwise receiving reduced wages or payments due to state of emergency; COVID-19 pandemic. Provides a 60-day stay of an unlawful detainer for nonpayment of rent for tenants and a 30-day stay of foreclosure proceedings for owners of any residential dwelling unit and for homeowners of a one-family to four-family residential dwelling unit who request a stay and provide written proof, defined in the bill, that they are affected by the COVID-19 pandemic during the period for which the Governor has declared a state of emergency (the Emergency). The bill requires owners of residential dwelling units and homeowners who rent to a tenant a one-family to four-family residential dwelling unit to request such stay of foreclosure proceedings within 90 days of the initial declaration of the Emergency or 90 days following the end of the Emergency, whichever is later. The bill provides for an expiration of the provisions 90 days following the end of the Emergency.

A BILL to provide civil relief to citizens furloughed or otherwise receiving reduced wages or payments due to the state of emergency declared by the Governor in response to the COVID-19 pandemic.

20200946D

H.B. 5116

Patron: Guzman


Paid quarantine leave. Requires public and private employers to provide eligible employees paid quarantine leave. The bill provides that such paid quarantine leave is available for immediate use by the employee, regardless of how long the employee has been employed by the employer. The bill provides that such paid quarantine leave may be used for (i) an eligible employee's illness or health condition related to the COVID-19 virus; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the COVID-19 virus; or an eligible employee's need for preventive medical care related to the COVID-19 virus; (ii) care of a family member with an illness or health condition related to the COVID-19 virus; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the COVID-19 virus; or care of a family member who needs preventive medical care related to the COVID-19 virus; or (iii) or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the COVID-19 virus, whether or not the eligible employee or family member has actually contracted COVID-19.

The bill prohibits employers from taking certain retaliatory actions against an employee related to paid quarantine leave or because the employee is ineligible for or has exhausted his paid quarantine leave and is absent from work without compensation for the same purposes an employee may use paid quarantine leave. The bill provides that an employee is authorized to bring a civil action against the employer for violations of the bill's provisions if such violations are not resolved through the employer's human resources department. The bill does not apply to employees of the Commonwealth unless federal COVID-19 pandemic relief funds are available to fund the costs necessary to do so. Except for employers of employees in domestic service, the bill does not apply to employers with 25 employees or less, unless a federally funded grant program is available to such employers. The bill sunsets on July 1, 2021 or expiration of the state of emergency declared by the Governor in response to the COVID-19 pandemic in Executive Order 51 (2020), whichever is earlier.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.3 through 40.1-33.7, relating to employees; paid quarantine leave.

20201111D