Misclassification of workers; cause of action.
Summary
Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. This bill is identical to HB 984.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House of Delegates Passage
Feb 2020
Signed into Law
Mar 2020
Introduced Jan 8, 2020
Signed Mar 18, 2020
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
23
Key actions
5
Committee
4
Mar 18, 2020
Signed into law
Approved by Governor-Chapter 381 (effective 7/1/20)
executive
Feb 28, 2020
Lower · Passed
Passed House (64-Y 35-N)
lower
Feb 25, 2020
Lower · Passed
Reported from Labor and Commerce (19-Y 3-N)
lower
Feb 18, 2020
Committee
Referred to Committee on Labor and Commerce
lower
Feb 11, 2020
Upper · Passed
Passed Senate (21-Y 19-N)
upper
Feb 9, 2020
Upper · Passed
Reported from Commerce and Labor (12-Y 3-N)
upper
Jan 8, 2020
Committee
Referred to Committee on Commerce and Labor
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20105117D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
DS
Dick Saslaw
DDemocratic
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