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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: August 19, 2020
Time and Place: Meeting 4PM /Public register to speak 9 to12 on 8/19 at GAwebsite
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 5022

Patron: Kiggans

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters or other certain employees is an occupational disease compensable under the Workers' Compensation Act.

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.

20200277D

S.B. 5027

Patron: Newman

Collective bargaining; law enforcement. Provides that no county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any law-enforcement agency or its employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service. Under current law, beginning May 1, 2021, localities will have the authority to recognize a labor union or other employee association of a law-enforcement agency or its employees and to collectively bargain with such unions or associations if such authority is provided for by local ordinance.

A BILL to amend and reenact § 40.1-57.2, as it shall become effective, of the Code of Virginia, relating to collective bargaining; law-enforcement; prohibition.

20200324D

S.B. 5066

Patron: Saslaw

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, and health care providers is an occupational disease 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.

20200639D

S.B. 5076

Patron: Favola


Paid sick time. Requires public and private employers to provide eligible employees paid sick time that can be used during a pandemic. The bill requires employers to provide all full-time and part-time employees with paid sick time if the Governor has declared a state of emergency in response to a communicable disease of public health threat. The bill provides that such paid sick time is available for immediate use by the employee, regardless of how long the employee has been employed by the employer and does not count toward the employee's paid sick time use or accrual limit. The bill provides that such paid sick time may be used for (i) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (ii) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; or (iii) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, 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 communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease.

The bill provides for full-time employees to earn up to 40 additional hours of paid sick time. Employees earn such sick time at a rate of one hour of paid sick leave benefit for every 30 hours worked. An employee is prohibited from earning or using more than 40 hours of such paid sick time in a year, unless the employer selects a higher limit. The bill provides that earned paid sick time may be used for (a) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (b) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; (c) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, 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 communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease; (d) closure of the employee's place of business by order of a public official due to the communicable disease of public health threat; or (e) providing care or arranging for care for a child whose school or child care provider is closed, unavailable, or is only providing virtual learning due to the communicable disease of public health threat.

 

 

The bill prohibits employers from taking certain retaliatory actions against employees related to earned paid sick leave and authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this bill and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation.

The bill has a delayed effective date of January 1, 2021.

 

A BILL to amend the Code of Virginia by adding a section numbered 40.1-27.4 and by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.3 through 40.1-33.16, relating to employees; paid sick time; civil penalties.

20200579D

S.B. 5078

Patron: Stanley

Collective bargaining; law enforcement. Provides that no county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any law-enforcement agency or its employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service. Under current law, beginning May 1, 2021, localities will have the authority to recognize a labor union or other employee association of a law-enforcement agency or its employees and to collectively bargain with such unions or associations if such authority is provided for by local ordinance.

A BILL to amend and reenact § 40.1-57.2, as it shall become effective, of the Code of Virginia, relating to collective bargaining; law-enforcement; prohibition.

20200300D

S.B. 5085

Patron: Bell


Electric utility regulation; triennial review proceeding; emergency investigations; administration of earnings. Directs the State Corporation Commission (the Commission), for Dominion's 2021 triennial review, to administer 100 percent of the earnings that were more than 70 basis points above the utility's most recently approved fair combined rate of return for the test period or periods under review, considered as a whole, to benefit customers. One hundred percent of any such over-earnings not otherwise administered by the Commission pursuant to an emergency investigation, if any, shall be credited to customers' bills, which the Commission shall amortize, in its sole discretion, over a period of six to 12 months. The bill also directs the State Corporation Commission to conduct an emergency investigation of the earnings of each utility subject to triennial review proceedings that is not currently undergoing an earnings review proceeding. The bill provides that if, after reviewing the earnings reported by the utility, the Commission finds that a utility's rates for generation and distribution have produced revenues that exceed the utility's most recently authorized rate of return for the calendar years reviewed by more than 70 basis points, the Commission will administer such over-earnings that are more than 70 basis points above the authorized rate of return to benefit customers. The bill provides that the Commission, in a utility's next triennial review, may take any action it deems necessary and appropriate if the bill credits ordered pursuant to an emergency investigation exceed the bill credits ordered in the utility's triennial review.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility regulation; triennial review proceeding; emergency investigations; administration of earnings.

20200615D

S.B. 5097

Patron: Vogel

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, and health care providers are 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.

20200491D

S.B. 5104

Patron: Deeds

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, and health care providers is an occupational diseasescompensable 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.

20200558D