2012 SESSION

Convened January 11, 2012
Adjourned sine die March 10, 2012
Reconvened April 18, 2012
Adjourned sine die April 18, 2012

LABOR AND EMPLOYMENT

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over

Accounts, Department of; recovery of erroneous or improper payments to state officer or employee. Amending § 2.2-804. (Patron-Lingamfelter, HB 939 (Chapter 307))

Alcoholic beverage control; no retail licensee shall knowingly employ as a manager or otherwise any unauthorized alien. Adding § 4.1-203.1. (Patron-Wagner, SB 515 (Chapter 643))

Asbestos workers; requires Commissioner of Labor and Industry to maintain registry of complaints alleging existence or imminent threat of an asbestos violation. Amending §§ 40.1-51.26 and 40.1-51.31; adding § 40.1-51.27:1. (Patron-Favola, SB 483 (C))

Boiler and Pressure Vessel Safety Act; exemptions for certain liquefied propane gas containers. Amending § 40.1-51.8. (Patron-Ware, R.L., HB 1136 (Chapter 332))

Child labor; exemption for children employed in family business. Amending § 40.1-79.01. (Patron-Cosgrove, HB 167 (F))

Children; employment certificate requirements. Amending §§ 40.1-79.01, 40.1-84, 40.1-87, 40.1-88, and 40.1-89. (Patron-Stolle, HB 641 (F))

Coalfield employment enhancement tax credit; eliminates sunset date. Amending § 58.1-439.2. (Patron-Puckett, SB 616 (I) See SB609)

Coalfield employment enhancement tax credit; extends sunset date. Amending § 58.1-439.2. (Patron-O’Quinn, HB 1192 (Chapter 309); Carrico, SB 609 (Chapter 649))

Commonwealth Health Research Board; employees of Department of Accounts hired by Board shall be entitled to state employee benefits. Amending § 23-281. (Patron-O’Bannon, HB 180 (Chapter 683); Watkins, SB 53 (Chapter 682))

Constitutional amendment; contributions to defined benefit retirement plans maintained for certain employees (first reference). Amending Section 11 of Article X. (Patron-Howell, SJR 5 (C))

Constitutional amendment; right to work (first reference). Adding Section 11-A in Article I. (Patron-Bell, Richard P., HJR 7 (F); McDougle, SJR 25 (C))

Day labor centers; use of E-Verify program. Adding § 40.1-11.3. (Patron-Hugo, HB 1077 (C))

Employment discrimination; expands circumstances creating an individual cause of action. Amending § 2.2-2639. (Patron-Herring, HB 1099 (F))

Employment discrimination; no employer shall discharge an employee on basis of age. Amending § 2.2-2639. (Patron-Ramadan, HB 1003 (F))

Employment discrimination; prohibited. Amending §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306; adding §§ 2.2-2901.1, 15.2-1500.1, and 22.1-295.2. (Patron-Englin, HB 1175 (F))

Employment First initiative; Secretary of Health and Human Resources to develop and implement in State, report. (Patron-Morrissey, HJR 23 (F))

Employment First practices; Secretary of Health and Human Resources and Superintendent of Public Instruction encouraged to adopt and implement in providing and coordinating services to citizens with disabilities. (Patron-Hanger, SJR 127 (P))

Grievance procedure; eliminates certain steps when dismissals due to formal discipline or unsatisfactory job performance shall proceed directly to formal hearing, reduces administrative review of hearing from 60 to 30 days. Amending §§ 2.2-1001, 2.2-3003, 2.2-3004, 2.2-3006, and 51.1-124.13. (Patron-Iaquinto, HB 637 (Chapter 56); Stanley, SB 417 (Chapter 349))

Human Resource Management, Department of; health and related insurance for state employees. Adding § 2.2-2818.01. (Patron-Jones, HB 738 (Chapter 600))

Human trafficking hotline; posted notices, civil penalty. Adding § 40.1-11.3. (Patron-Bulova, HB 1200 (Chapter 630))

Noncompetition agreements; unlawful contract that serves to restrict an employee from engaging in a lawful profession, trade, etc., exceptions. Adding § 40.1-28.7:4. (Patron-Hope, HB 1187 (F))

Public employment; prohibits discrimination. Amending §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306; adding §§ 2.2-2901.1, 15.2-1500.1, and 22.1-295.2. (Patron-LeMunyon, HB 613 (F))

Public employment; prohibits discrimination based on sexual orientation, race, etc. Amending §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306; adding §§ 2.2-2901.1, 15.2-1500.1, and 22.1-295.2. (Patron-Ebbin, SB 263 (F))

Public employment; prohibits discrimination based on sexual orientation, race, political affiliation, etc. Amending §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306; adding §§ 2.2-2901.1, 15.2-1500.1, and 22.1-295.2. (Patron-Plum, HB 692 (F))

State employee associations; prohibits payroll deductions. Adding § 2.2-803.2. (Patron-Comstock, HB 1014 (F))

State employees; Director of Human Resource Management to provide state flag to next of kin when killed in line of duty. Adding § 2.2-1209. (Patron-Hope, HB 161 (F))

State employees and members of General Assembly; compensation and fringe benefits. (Patron-Orrock, HB 1228 (F))

Unemployment benefits; not eligible for benefits based on services consisting of performing or training with a symphony orchestra. Adding § 60.2-616.1. (Patron-Loupassi, HB 1254 (C))

Unemployment benefits; requires each applicant, for eligibility, to provide Virginia Employment Commission results of a drug test. Amending § 60.2-612. (Patron-Ransone, HB 148 (F))

Virginia Employment Commission; authorized to provide digital or other electronic recording of testimony taken at any hearing before deputy, appeal tribunal, or Commission. Amending § 60.2-623. (Patron-Ware, R.L., HB 452 (Chapter 50))

Virginia Employment Commission; Office of Attorney General may represent interests of State. Amending § 60.2-500. (Patron-Byron, HB 1062 (Chapter 65); Puckett, SB 295 (Chapter 161))

Virginia Human Rights Act; prohibits discrimination in employment based on sexual orientation. Amending §§ 2.2-2639, 2.2-3004, 2.2-3900, 2.2-3901, 15.2-1507, 15.2-1604, and 22.1-306; adding §§ 2.2-2901.1, 15.2-1500.1, and 22.1-295.2. (Patron-Scott, J.M., HB 977 (F))

Virginia Initiative for Employment Not Welfare (VIEW); screening and assessment of public assistance recipients for use of illegal substances, requirements for drug treatment program, etc. Adding § 63.2-608.1. (Patron-McWaters, SB 83 (I) See SB6)

Virginia Initiative for Employment Not Welfare (VIEW) Program; local departments of social services to screen each participant, assessment of public assistance recipients for use of illegal substances. Adding § 63.2-608.1. (Patron-Bell, Robert B., HB 955 (F))

Virginia Initiative for Employment Not Welfare (VIEW) Program; screening and assessment of public assistance recipients for use of illegal substances. Adding § 63.2-608.1. (Patron-Crockett-Stark, HB 598 (F); Carrico, SB 318 (I) See SB6)

Virginia Personnel Act; hiring preference in state employment for members of National Guard. Amending § 2.2-2903. (Patron-Garrett, SB 527 (Chapter 287))

Virginia Personnel Act; hiring preference in state employment for members of National Guard or veteran. Amending § 2.2-2903. (Patron-Cole, HB 384 (Chapter 269))

Virginia Retirement System; benefits for local law-enforcement, correctional, and emergency response employees in certain localities. Amending § 51.1-138. (Patron-Bulova, HB 428 (C))

Virginia Retirement System; deferred compensation for local employees. Amending §§ 51.1-603 and 51.1-603.1. (Patron-Tata, HB 792 (Chapter 660))

Virginia Retirement System; fiscal impact analysis of employer contribution rates. Amending § 51.1-145. (Patron-Howell, SB 298 (F))

Virginia Retirement System; hybrid retirement program created, optional defined contribution retirement plan created for state employees, exception. Amending §§ 51.1-124.3, 51.1-126, 51.1-126.5, 51.1-126.6, 51.1-135, 51.1-142.2, 51.1-145, 51.1-153, 51.1-155, 51.1-157, 51.1-166, 51.1-302, 51.1-306, 51.1-308, 51.1-601.1, 51.1-603.1, 51.1-611, 51.1-1100, 51.1-1400 through 51.1-1403, and 51.1-1405; adding §§ 51.1-169, 51.1-1131.1, and 51.1-1150 through 51.1-1183. (Patron-Howell, W.J., HB 1130 (Chapter 701); Watkins, SB 498 (Chapter 823))

Virginia Retirement System; modifies disability benefits provided to state employees. Amending §§ 51.1-1110, 51.1-1114, 51.1-1121, 51.1-1125, and 51.1-1127. (Patron-Cox, M.K., HB 350 (Chapter 417))

Virginia Retirement System; optional defined contribution retirement plan for state employees. Adding § 51.1-126.5:1. (Patron-Bell, Robert B., HB 949 (F))

Workers’ compensation; benefits shall not be reduced for disabled employee who refuses employment, if he is receiving benefits under Line of Duty Act, etc. Amending § 65.2-510. (Patron-Surovell, HB 661 (F))

Workers’ compensation; exclusion of person from coverage when injury is on or after July 1, 2012, under Virginia Workers’ Compensation Act if there is jurisdiction under either Longshore and Harbor Workers’ Compensation Act or Merchant Marine Act of 1920. Amending § 65.2-101. (Patron-Ware, R.L., HB 153 (Chapter 654))

Workers’ compensation; uninsured employer’s fund financing tax. Amending second enactment of Chapter 219, 2009 Acts. (Patron-Wagner, SB 576 (Chapter 647))