Protection of employees; stay or pay contracts prohibited; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a stay or pay contract, as defined in the bill, with any employee, with certain exceptions described. An employer that violates the bill's provisions is subject to a civil penalty of $1,000. The bill allows an employee to bring a civil action against an employer or other person that attempts to enforce a stay or pay contract and to seek appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages, and awarding lost compensation, damages, and reasonable attorney fees and costs. The bill provides that if the court finds a violation of the bill's provisions, the plaintiff is entitled to recover reasonable costs, including reasonable fees for expert witnesses, and attorney fees.
Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.
Military leaves of absence for employees of the Commonwealth or political subdivisions; law-enforcement officers. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a law-enforcement officer shall receive paid leaves of absence for up to 388 hours for which a leave of absence is required, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty.
Prevailing wage rate for underground infrastructure work by public service companies. Directs the Department of Labor and Industry to determine and make available the prevailing wage rate for underground infrastructure work, as defined in the bill. Under the bill, each public service company shall ensure that its bid specifications or other contracts applicable to underground infrastructure work require payment at the prevailing wage rate. The bill requires contractors and subcontractors to post the prevailing wage rate in a prominent and accessible place at the work site. The bill also requires each contractor or subcontractor subject to the provisions of the bill to comply with certain recordkeeping requirements. The provisions of the bill apply to contracts entered into on or after July 1, 2027.
Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include lung cancer and non-Hodgkin's lymphoma for any individual diagnosed with such a condition on or after July 1, 2027.
Income tax credits; child care-related expenses. Establishes in taxable years 2026 through 2030 (i) a refundable tax credit in an amount equal to 20 percent of the credit claimed by a qualified taxpayer, as defined in the bill, pursuant to the federal Employer-Provided Childcare Credit, and (ii) a refundable tax credit equal to 50 percent of an employer's qualified child care expenditures, as defined in the bill. The bill directs that the aggregate amount of credit for an employer's qualified child care expenditures shall not exceed $500,000 per taxable year and such amount shall be adjusted annually for inflation.
Employment decisions; automated decision systems; civil penalty. Provides that the Director of the Department of Human Resource Management shall require any state agency that uses an automated decision system as a substantial factor in any employment decision, as those terms are defined in the bill, to (i) ensure that such system and the use of such system complies with federal and state law, (ii) make certain disclosures, (iii) provide an opt-out mechanism, (iv) annually test such system, (v) ensure data security, and (vi) train agency staff on such system. The bill requires the Department and local government employers to establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systems in such employment decisions and a process for the investigation and resolution of any such concerns and complaints. The bill also provides that no final employment decision shall be made by an employer without the involvement of a human decision maker, and no employer shall solely use any recommendation or prediction from an automated decision system to make a final employment decision. The bill subjects violating employers to civil penalties.
Oral threat to kill or to do bodily harm; employees of local or state department of social services; penalty. Creates a Class 1 misdemeanor for any person who orally makes a threat to kill or do bodily injury to any call-center contractor or employee of the Department of Social Services or a local department of social services, as those terms as defined in relevant law, who is engaged in the performance of his duties.
Virginia Workforce Development and Career Connection and Training Foundation and Fund. Establishes as a body politic and corporate the Virginia Workforce Development and Career Connection and Training Foundation to support the interests of the Commonwealth's workforce and its employers and contributors through the Secretary of Labor and the programs and services of the Department of Workforce Development and Advancement. The bill sets out the membership and powers and duties of the Foundation, provides that the Foundation may hire an Executive Director and employees, and creates the Virginia Workforce Development and Career Connection and Training Fund. The bill provides that funds or property to the Fund are gifts to the Commonwealth and the Fund is exempt from all state and local taxes.
Assault and battery; employees of state or local department of social services; penalty. Provides that any person who commits a battery against another knowing or having reason to know that such individual is an employee of a local department of social services or the State Department of Social Services who is engaged in the performance of his duties is guilty of a Class 1 misdemeanor. The bill also provides that the sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
