Labor and Commerce Committee Agenda

Chair: Maldonado, Michelle

Meeting Date & Time: 01/28/2020 Immediately upon adjournment of full committee Add to Calendar

Location: House Committee Room A - 008

Notes: This will be a lengthy meeting. Expect for debate to be limited. 9 minimum wage bills have been added to agenda

Active item: Meeting adjourned

Committee Clerk: (804) 698-1546

DLS Contact: (804) 698 - 1816 (Munyan) (804), 698-1821(Stevens)

Block 2

Block 1

Bill(s) Patron Title
HB114 Kory Prevailing wage; public works contracts, penalty.

Summary: A BILL to amend and reenact § 40.1-6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to prevailing wage requirement for public works contracts; penalty.

HB123 Carroll Foy Nonpayment of wages; cause of action, civil penalty.

Summary: An Act to amend and reenact § 40.1-29 of the Code of Virginia, relating to nonpayment of wages; cause of action; penalties.

Subcommittee #1

Subcommittee recommends reporting with substitute (4-Y 3-N)

HB204 Campbell, R.R. Nonpayment of wages; private cause of action by an employee.

Summary: A BILL to amend and reenact § 40.1-29 of the Code of Virginia, relating to nonpayment of wages; cause of action.

Subcommittee #1

Subcommittee recommends striking from docket (7-Y 0-N)

HB325 Levine Minimum wage; local alternative minimum wage.

Summary: A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage; local alternative minimum wage authorized.

HB326 Levine Employment; wage inquiries, civil penalty.

Summary: A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the wage history of applicants for employment; prohibited actions; civil penalty.

Subcommittee #1

Subcommittee recommends incorporating (HB416-Cole, J.G.)

HB327 Levine Public employees; collective bargaining.

Summary: A BILL to amend and reenact §§ 40.1-57.2 and 40.1-57.3 of the Code of Virginia, relating to collective bargaining by public employees.

HB328 Levine Family and Medical Leave Insurance Program; funding by employee and employer taxes.

Summary: 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 60.2-813, relating to a family and medical leave insurance program; funding by employee and employer taxes.

Subcommittee #1

Subcommittee recommends reporting (5-Y 3-N); Subcommittee recommends referring to Committee on Appropriations

HB330 VanValkenburg Employment; covenants not to compete, definition of low-wage employees, civil penalty.

Summary: An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to covenants not to compete; low-wage employees; civil penalty.

Subcommittee #1

Subcommittee recommends reporting (6-Y 0-N)

HB333 Krizek Virginia Minimum Wage Act; federal Fair Labor Standards Act of 1938.

Summary: A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the minimum wage; application to persons whose employment is covered by the federal Fair Labor Standards Act and to persons with impaired earnings capacity.

Subcommittee #1

Subcommittee recommends reporting with substitute (7-Y 0-N)

HB336 Price Nonpayment of wages; investigations.

Summary: An Act to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to the authority of the Department of Labor and Industry to investigate employers for failure to pay wages.

Subcommittee #1

Subcommittee recommends reporting (6-Y 1-N)

HB337 Price Nonpayment of wages; discriminatory actions prohibited.

Summary: An Act to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 40.1 a section numbered 40.1-33.1, relating to prohibiting employers from discriminating against employees for instituting proceedings for nonpayment of wages.

Subcommittee #1

Subcommittee recommends reporting (7-Y 0-N)

HB338 Price Virginia Minimum Wage Act; removes exemption for persons employed in domestic service, etc.

Summary: A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the Virginia Minimum Wage Act; exemption for persons employed in domestic service.

Subcommittee #1

Subcommittee recommends continuing to 2021

HB339 Price Virginia Minimum Wage Act; removes certain exemption.

Summary: A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the minimum wage.

Subcommittee #1

Subcommittee recommends continuing to 2021

HB356 Lopez Child labor; employment of children on tobacco farms, civil penalty.

Summary: A BILL to amend and reenact §§ 40.1-78 and 40.1-79.01 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-100.3, relating to the employment of children on tobacco farms; civil penalty.

Commerce, Agriculture and Natural Resources Subcommittee

Subcommittee recommends laying on the table (8-Y 0-N)

HB395 Ward Minimum wage; increases to $9.50 per hour effective May 1, 2021.

Summary: An Act to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

Compensation and Retirement Subcommittee

Subcommittee recommends reporting with substitute (5-Y 3-N)

HB403 Keam Safe days for employees; private employers required to allow days.

Summary: A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the duty of employers to provide employees with safe days.

Subcommittee #1

Subcommittee recommends continuing to 2021

HB416 Cole, J.G. Wage or salary history; inquiries prohibited, civil penalty.

Summary: A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to prohibition on employer inquiry about wage or salary history of prospective employees; civil penalty.

Subcommittee #1

Subcommittee recommends reporting with amendment (4-Y 2-N)

HB417 Cole, J.G. Employment; requiring the purchase or provision of materials.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to employment; requiring employees to purchase or provide materials prohibited.

HB418 Cole, J.G. Employees; paid earned sick leave, civil penalties.

Summary: 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 40.1-33.1 through 40.1-33.8, relating to the provision of paid sick leave to employees; civil penalties.

Subcommittee #1

Subcommittee recommends incorporating (HB898-Guzman)

HB433 Carroll Foy Minimum wage; increases to $9 per hour effective January 1, 2021.

Summary: A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

Subcommittee #1

Subcommittee recommends incorporating (HB395-Ward)

HB438 Heretick Workers' compensation; post-traumatic stress disorder, law-enforcement officers and firefighters.

Summary: An Act to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 65.2 a section numbered 65.2-107, relating to workers' compensation; compensability of post-traumatic stress disorder incurred by a law-enforcement officer or firefighter.

Compensation and Retirement Subcommittee

Subcommittee recommends reporting with substitute (7-Y 1-N)

HB482 Kory Nonpayment of wages; private action.

Summary: A BILL to amend and reenact § 40.1-29 of the Code of Virginia, relating to nonpayment of wages; cause of action.

Subcommittee #1

Subcommittee recommends incorporating (HB123-Carroll Foy)

HB550 Ward Minimum wage; tipped employees.

Summary: A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the minimum wage; tipped workers.

Subcommittee #1

Subcommittee recommends laying on the table (6-Y 0-N)

HB583 Guzman Minimum wage; farm workers.

Summary: A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the Virginia Minimum Wage Act; farm laborers and farm employees.

Subcommittee #1

Subcommittee recommends incorporating (HB395-Ward)

HB615 Plum Minimum wage; increases to $10.10 per hour effective January 1, 2021, etc.

Summary: A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

Subcommittee #1

Subcommittee recommends incorporating (HB615-Plum)

HB622 Hurst Limiting employees' sharing of wage information; prohibited, exception, civil penalty.

Summary: An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to a prohibition on employers' limiting employees' discussions of wage information; civil penalty.

Subcommittee #1

Subcommittee recommends reporting with amendment (4-Y 3-N)

HB798 Delaney Employment; prohibited retaliatory action.

Summary: An Act to amend the Code of Virginia by adding a section numbered 40.1-27.3, relating to protection of employees from retaliatory actions by their employer.

Subcommittee #1

Subcommittee recommends reporting (5-Y 2-N)

HB800 Delaney Employment; disclosure of terms.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to a requirement for disclosure of the terms of employment.

Subcommittee #1

Subcommittee recommends reporting (5-Y 2-N)

HB801 Delaney Worker classification; penalties.

Summary: A BILL to amend the Code of Virginia by adding in Title 40.1 a chapter numbered 5.1, consisting of sections numbered 40.1-116.1 through 40.1-116.11, relating to the classification of employees; penalties.

Subcommittee #1

Subcommittee recommends laying on the table (7-Y 0-N)

HB802 Delaney Employment; wage inquiries, prohibited retaliatory action.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 40.1-27.3 and by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the wage history of applicants for employment; prohibited actions; protection of employees from retaliatory actions.

Subcommittee #1

Subcommittee recommends incorporating (HB416-Cole, J.G.)

HB805 Ward Employment health and safety standards; heat illness prevention.

Summary: A BILL to amend the Code of Virginia by adding a section numbered 40.1-44.2, relating to the protection of employees; standards for heat illness prevention.

Subcommittee #1

Subcommittee recommends continuing to 2021

HB825 Carroll Foy Paid family and medical leave program; Virginia Employment Commission to establish.

Summary: 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 60.2-819, relating to the establishment of family and medical leave insurance program; financing through payroll taxes.

Subcommittee #1

Subcommittee recommends reporting (5-Y 3-N); Subcommittee recommends referring to Committee on Appropriations

HB868 Bourne Electric utilities; right to shop.

Summary: An Act to amend and reenact § 56-577 of the Code of Virginia, relating to electric utility regulation; purchasing from competitive suppliers.

HB898 Guzman Employees; earned sick leave, civil penalties.

Summary: 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 40.1-33.1 through 40.1-33.13, relating to employees; earned paid sick time; civil penalties.

Subcommittee #1

Subcommittee recommends reporting with substitute (4-Y 3-N)

HB984 Delaney Misclassification of workers; cause of action.

Summary: An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the misclassification of workers; cause of action.

Subcommittee #1

Subcommittee recommends reporting (6-Y 0-N)

HB1112 Hudson Employment; covenants not to compete.

Summary: A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to covenants not to compete.

Subcommittee #1

Subcommittee recommends continuing to 2021

HB1199 Tran Employee misclassification; retaliatory actions prohibited, civil penalty.

Summary: An Act to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 40.1 a section numbered 40.1-33.1, relating to prohibiting employers from retaliating against employees for reporting employee misclassification; civil penalty.

Subcommittee #1

Subcommittee recommends reporting (5-Y 2-N)

HB1203 Tran Prevailing wage; public works contracts with localities, penalty.

Summary: A BILL to amend and reenact § 40.1-6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to prevailing wage requirement for public works contracts with localities; penalty.

Subcommittee #1

Subcommittee recommends reporting with substitute (4-Y 3-N)

HB1535 Samirah Overtime compensation; penalties.

Summary: A BILL to amend and reenact § 40.1-29 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to the payment of wages for overtime work; penalties.