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.
Prevailing wage rate for public works contracts; localities. Requires each state agency or locality, when procuring services or letting contracts for public works paid for in whole or in part by state or local funds, or when overseeing or administering such contracts for public works, to ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at a rate no less than the prevailing wage rate. The bill also amends the definition of "public works" to include work performed at certain institutions of higher education and to exclude work performed at a non-governmental property or facility used to provide broadband or other telecommunications services. Under the bill, a contractor or subcontractor may be liable to the Commissioner of Labor and Industry for liquidated damages for violating the prevailing wage requirements in the bill. Under the bill, any interested party shall have standing to challenge bid specifications, project agreements, or other public contracts for public works that violate the provisions of the bill. The bill requires institutions of higher education to expressly agree to comply with the public works contract requirements. Under the bill, the Commissioner shall determine the prevailing wage based on a survey of wages and benefits paid in each area, as defined in the bill, conducted every two years. The bill includes factors for the Commissioner to consider in determining a prevailing wage rate. The bill directs the Commissioner to adopt emergency regulations to implement the provisions of the bill. This bill incorporates SB 370 and is identical to HB 569.
Protection of employees; covenants not to compete; discharged employees. Provides that no covenant not to compete, as such term is defined in existing law, between an employer and an employee is enforceable if such employer discharges such employee from employment without providing severance benefits or other monetary payment to such employee that is disclosed upon execution of the covenant not to compete, unless the employee is discharged for cause. This bill incorporates SB 569.
Protection of employees; standards for heat illness prevention; Safety and Health Codes Board. Requires the Safety and Health Codes Board (the Board) to adopt regulations designed to protect workers from heat illness, as defined in the bill, during indoor and outdoor work. The bill provides that such regulations shall be enforced by the Board's existing authority. The bill directs the Board, in consultation with the Department of Labor and Industry, to develop and adopt regulations that require employers to implement heat illness prevention plans and to convene an advisory panel to assist in developing such regulations. This bill is identical to HB 1092.
Private companies providing public transportation services; employee protections; report. Requires the governing body of any county or city that contracts with a private company to provide transportation services to (i) require such company to provide any employee of such company providing such services compensation and benefits that are, at a minimum, equivalent to the compensation and benefits provided to a public employee, as defined in the bill, with a position requiring equivalent qualifications and years of service; (ii) provide transportation services through such company's own employees; and (iii) if such county or city subsequently elects to provide its own system of public transportation, adopt an ordinance or resolution providing for collective bargaining and ensure all employees of such private company are offered employment with such subsequent public transportation system without loss of compensation or benefits. The bill clarifies that the bill only applies to actions occurring on or after the effective date and excludes any action taken, contract signed, liability incurred, or right accrued prior to July 1, 2026, from the requirements. Finally, the bill directs the Director of the Department of Rail and Public Transportation to convene a work group to develop recommendations on how to implement the provisions of the bill and requires the work group to report its findings and recommendations to the Chairs of the House Committee on Labor and Commerce and Senate Committee on Local Government by November 1, 2026. This bill is identical to HB 547.
Unemployment benefits; increase weekly benefit amount. Provides that, for unemployment compensation claims effective on or after July 1, 2026, an eligible individual's weekly benefit amount shall be $48 higher than the current weekly benefit amount, as denoted in the table in the printed bill. This bill is identical to HB 1320.
Workers' compensation; burial expenses; annual adjustment. Increases from $10,000 to $15,000 the amount required to be paid by an employer under workers' compensation provisions for burial expenses. The bill directs the Commissioner of the Virginia Workers' Compensation Commission to adjust the amount of burial expenses and reasonable transportation expenses required to be paid by an employer by a percentage equivalent to the percentage increase of the United States Average Consumer Price Index published by the U.S. Department of Labor beginning January 1, 2028, and annually thereafter.
Public school teachers; terms of employment; reemployment of teacher who has received continuing contract status; written notice required. Requires written notice of noncontinuation of a continuing teacher contract to be given by the teacher by June 15 of each year; otherwise, the contract continues in effect for the ensuing year in conformity with local salary stipulations, including increments. Current law requires such written notice of noncontinuation of a continuing teacher contract to be given by either the teacher or the school board by June 15 of each year. This bill is identical to SB 117.
Prevailing wage rate for public works contracts; localities. Requires each state agency or locality, when procuring services or letting contracts for public works paid for in whole or in part by state or local funds, or when overseeing or administering such contracts for public works, to ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at a rate no less than the prevailing wage rate. The bill also amends the definition of "public works" to include work performed at certain institutions of higher education and to exclude work performed at a non-governmental property or facility used to provide broadband or other telecommunications services. Under the bill, a contractor or subcontractor may be liable to the Commissioner of Labor and Industry for liquidated damages for violating the prevailing wage requirements in the bill. Under the bill, any interested party shall have standing to challenge bid specifications, project agreements, or other public contracts for public works that violate the provisions of the bill. The bill requires institutions of higher education to expressly agree to comply with the public works contract requirements. Under the bill, the Commissioner shall determine the prevailing wage based on a survey of wages and benefits paid in each area, as defined in the bill, conducted every two years. The bill includes factors for the Commissioner to consider in determining a prevailing wage rate. The bill directs the Commissioner to adopt emergency regulations to implement the provisions of the bill. This bill is identical to SB 518.
Protection of employees; standards for heat illness prevention; Safety and Health Codes Board. Requires the Safety and Health Codes Board (the Board) to adopt regulations designed to protect workers from heat illness, as defined in the bill, during indoor and outdoor work. The bill provides that such regulations shall be enforced by the Board's existing authority. The bill directs the Board, in consultation with the Department of Labor and Industry, to develop and adopt regulations that require employers to implement heat illness prevention plans and to convene an advisory panel to assist in developing such regulations. This bill is identical to SB 288.
