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2022 SESSION

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Senate Committee on Commerce and Labor
Subcommittee Labor and Employment

Surovell (Chair), Marsden, Obenshain

Clerk: Hobie Lehman, Jasmine VanDyke
Staff: Thomas Stevens, Marvi Ali
Date of Meeting: January 31, 2022
Time and Place: Upon Adjourn of Energy Subcom /SR A/ Public Zoom via GA website:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 1

Patron: Boysko

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2025. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2024. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of family and medical leave insurance program; financing through payroll taxes.

22100172D

S.B. 15

Patron: Favola

Insurance; paid family leave. Establishes paid family leave as a class of insurance. The bill defines "paid family leave insurance" as an insurance policy issued to an employer related to a benefit program provided to an employee to pay for the employee's income loss due to (i) the birth of a child or adoption of a child by the employee; (ii) placement of a child with the employee for foster care; (iii) care of a family member of the employee who has a serious health condition; or (iv) circumstances arising out of the fact that the employee's family member is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces of the United States. Under the bill, paid family leave coverage may be written as an amendment to a group disability income policy, included in a group disability income policy, or written as a separate group policy purchased by an employer.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-109.1, relating to insurance; paid family leave.

22100300D

S.B. 331

Patron: Reeves

Overtime pay requirements; volunteers. Permits individuals who work as both employees and on a volunteer basis for a public body, church, or nonprofit organization to earn overtime wages for hours worked as an employee only and continues to exclude hours worked on a volunteer basis from overtime wage requirements.

A BILL to amend and reenact § 40.1-29.2 of the Code of Virginia, relating to overtime pay requirements; volunteers.

22102129D

S.B. 352

Patron: Surovell

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers, grocery store workers, and home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Additionally the bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers.

A BILL to amend and reenact § 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick leave; health care providers and grocery store workers; waiver for certain employees.

22102116D

S.B. 365

Patron: Stuart

Virginia Overtime Wage Act. Provides that for the purposes of the Virginia Overtime Wage Act, the term "employee" does not include certain persons excluded from the definition of "employee" under the federal Fair Labor Standards Act (the federal act). The bill provides that an employer may assert an exemption to the overtime requirement of the Virginia Overtime Wage Act for employees who meet certain exemptions set forth in the federal act. The bill also provides that a public agency, as defined in the federal act, may provide an employee compensatory time off in lieu of overtime compensation, in accordance with the federal act.

A BILL to amend and reenact § 40.1-29.2 of the Code of Virginia, relating to the Virginia Overtime Wage Act.

22102524D

S.B. 447

Patron: Boysko

Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:10, relating to prohibition on employer seeking wage or salary history of prospective employees; cause of action; civil penalty.

22104096D

S.B. 538

Patron: Peake

Nonpayment of wages; defense of contractor. Provides that a contractor, regardless of tier, has a valid defense to a claim for nonpayment of wages if he obtains a written certification from the subcontractor stating that (i) the subcontractor and each of his sub-subcontractors has paid all employees all wages due for the period during which the wages are claimed for the work performed on the project and (ii) to the subcontractor's knowledge, all sub-subcontractors below the subcontractor, regardless of tier, have similarly paid their employees all such wages.

A BILL to amend and reenact § 11-4.6 of the Code of Virginia, relating to nonpayment of wages; defense of contractor.

22102773D

S.B. 624

Patron: Favola

Paid sick leave; home health workers providing agency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill provides that "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.

A BILL to amend and reenact § 40.1-33.3 of the Code of Virginia, relating to paid sick leave; home health workers providing agency-directed services.

22103398D

S.B. 631

Patron: Barker

Fair Labor Standards Act; overtime; employer liability. Replaces the current provisions of the Virginia Overtime Wage Act with the provision that any employer that violates the overtime wage requirements of the federal Fair Labor Standards Act, and any related laws and regulations, shall be liable to its employee for remedies or other relief available under the Fair Labor Standards Act.

A BILL to amend and reenact §§ 40.1-29, 40.1-29.1, and 40.1-29.2 of the Code of Virginia, relating to Fair Labor Standards Act; overtime; employer liability.

22103916D

S.B. 646

Patron: Cosgrove

Unemployment compensation; disqualification for benefits; misconduct does not include refusing COVID-19 vaccine. Provides that for the purposes of the Virginia Employment Commission determining if an individual was separated or partially separated from employment for misconduct and would be disqualified for unemployment benefits, the term "misconduct" does not include an employee's refusal to receive or receive in part any primary series or booster shot of a vaccine for the prevention of COVID-19.

A BILL to amend and reenact § 60.2-618 of the Code of Virginia, relating to unemployment compensation; disqualification for benefits; misconduct does not include refusing COVID-19 vaccine.

22103655D

S.B. 769

Patron: Reeves

Unemployment compensation; program integrity.

A BILL to amend the Code of Virginia by adding a section numbered 60.2-612.1, relating to unemployment compensation; program integrity.

22104974D