HB 2296 Virginia House of Delegates · 2021 Regular Session

Worker classification; independent contractors.

Summary
Worker classification; independent contractors. Provides that in a proceeding involving allegations of worker misclassification an individual or business is not considered an employee with respectto a hiring party if the person qualifies as an independent contractorrelative to the hiring party under the common law right-of-control test as established by the Internal Revenue Service Revenue Ruling87-41, by an applicable determination of the Internal Revenue Service,or if (i) the individual or business signs a written contract withthe hiring party stating that the individual or business is self-employedor is being engaged as an independent contractor and containing certain acknowledgments, (ii) the individual or business has the right to control the manner and means by which the final result of the workis to be accomplished, and (iii) four or more additional criteriaprovided for in the bill are satisfied. The bill also provides thata hiring party alleging that a worker misclassification claim isfrivolous or improper may file a motion to dismiss such claim. Thebill provides that a contract or written agreement expressly statingthat a claimant is not considered an employee is considered as primafacie evidence of a violation of frivolous pleading provisions.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2021
Committee Review
Floor Vote
Governor
Introduced Jan 18, 2021 Last action Feb 5, 2021
Floor votes

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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
Jan 18, 2021
Committee
Referred to Committee on Labor and Commerce
lower
Jan 18, 2021
Introduced
Presented and ordered printed 21102960D
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Roxann Robinson
Roxann Robinson
RRepublican
VA
27