HB 238 Virginia House of Delegates · 2026 Regular Session

Minimum wage and overtime wages; payment, definitions, misclassification of workers, civil actions.

Summary
Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is subject to civil actions for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill also prohibits an employer from taking certain retaliatory actions against an employee because the employee reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, or officer, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Vetoed
Apr 2026
Introduced Jan 8, 2026 Vetoed Apr 13, 2026
Maddy AI version diff · 6 comparisons

What changed between versions

Subcommittee #2 Subcommittee Substitute Commerce and Labor Substitute · 5 edits
MODERATE
The bill was transferred from the House to the Senate, adding a new section prohibiting employer retaliation against employees who report illegal activity. It also expanded the definition of 'wages' to include minimum wages and clarified that overtime claims must be filed within three years. The Senate version added a sunset clause requiring re-approval in 2027 and included a fiscal impact statement.
Scope change
The bill's scope expanded to include protections against retaliation for whistleblowing and clarified the statute of limitations for overtime claims.
REQUIREMENT

Added a new section prohibiting employers from retaliating against employees who report violations of federal or state law in good faith.

DEFINITION

Expanded the definition of 'wages' to explicitly include minimum wages.

TIMELINE

Changed the statute of limitations for overtime claims from two years to three years.

Added a sunset provision requiring the law to be reenacted in the 2027 session to remain in effect.

FISCAL

Added a fiscal impact statement estimating a minimum $50,000 appropriation for potential prison time.

Floor votes · Senate Mar 9, 2026 · House of Delegates Feb 2, 2026

How they voted

390
Passed
Total votes 39
Mar 9, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
55
Key actions
14
Committee
11
Amendments
2
Apr 13, 2026
Vetoed
Governor's recommendation received by House
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Lower · Passed
Bill text as passed House and Senate (HB238ER)
lower
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (20-Y 19-N 0-A)
upper
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (62-Y 35-N 0-A)
lower
Mar 14, 2026
Legislature · Passed
Conference Report released
legislature
Mar 12, 2026
Committee
Senate requested conference committee
upper
Mar 10, 2026
Upper · Passed
Passed Senate with substitute (21-Y 19-N 0-A)
upper
Mar 9, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 6, 2026
Upper · Passed
Reported from Finance and Appropriations (10-Y 4-N)
upper
Mar 2, 2026
Upper · Passed
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N)
upper
Feb 3, 2026
Committee
Referred to Committee on Commerce and Labor
upper
Feb 2, 2026
Lower · Passed
Read third time and passed House (64-Y 35-N 0-A)
lower
Jan 30, 2026
Lower · Passed
Delegate Lopez Floor amendments agreed to
lower
Jan 30, 2026
Introduced
Floor offered Delegate Lopez Amendments
lower
Jan 27, 2026
Lower · Passed
Reported from Labor and Commerce with substitute (15-Y 7-N)
lower
Jan 22, 2026
Lower · Passed
House subcommittee offered
lower
Jan 15, 2026
Committee
Assigned HCL sub: Subcommittee #2
lower
Jan 8, 2026
Committee
Referred to Committee on Labor and Commerce
lower
1 primary · 11 co-sponsors

Sponsors