School board employee grievance procedure; timing of dispute resolution. Requires the grievance procedure for certain school board employees to afford a timely and fair method of the resolution of disputes arising between the school board and such employees before dismissal or other disciplinary actions, excluding suspensions. Current law requires such procedure to afford a timely and fair method of the resolution of disputes arising between the school board and such employees regarding dismissal or other disciplinary actions, excluding suspensions, but is silent on the timing of such dispute resolution. This bill is identical to SB 824.
Workforce Innovation and Opportunity Act Adult and Dislocated Worker funds; minimum allocation requirement waived. Authorizes the Department of Workforce Development and Advancement to waive the 40 percent allocation requirement of certain funding under the federal Workforce Innovation and Opportunity Act of 2014 for a local workforce development board that submits a request for a waiver and demonstrates that the board is unable to meet the requirement due to (i) a lack of available training providers in the local workforce development area, (ii) a lack of demand for training services among eligible participants, or (iii) other extraordinary circumstances. The bill requires the Department to develop and publish a process for the application and approval of such waivers.
Virginia Personnel Act; hiring preference in state government; certain former federal employees. Allows for an applicant's status as a former federal employee to be given consideration when applying for employment with the Commonwealth if such applicant was terminated from a position of employment with the federal government on or after January 1, 2025, due to a reduction in the federal budget or initiatives put in place by the federal Department of Government Efficiency, provided that such person meets all of the knowledge, skill, and ability requirements for the available position. The bill directs the Department of Human Resource Management, on or before January 1 of each year, to submit a report to the Governor and the General Assembly that includes the number of job applications submitted by candidates who self-identified as former federal employees, as well as the number of jobs offered to such candidates. The bill has an expiration date of January 21, 2029.
Exemptions from garnishment; exemptions in bankruptcy proceedings; disposable earnings. Provides that the exemption provided for a debtor's disposable earnings, defined by current law, that are subject to garnishment also applies to disposable earnings for the purposes of a bankruptcy proceeding.
Hospitals; reports of threats or acts of violence against health care providers; expansion of reporting requirements. Expands the reporting requirements for incidents of workplace violence in hospitals with an emergency department by requiring additional descriptors of incidents, requiring hospitals to report collected data to additional parties, and directing the Department of Health to publish a report containing an annual summary of such data. The bill directs the Board of Health to promulgate regulations implementing the provisions of the bill by January 1, 2027, and directs the Department of Health to publish its first report by December 31, 2027.
Alyssa's Law; public schools; wearable panic alarm systems permitted. Permits any school board to provide any school board employee in a public elementary or secondary school building in the local school division with a wearable panic alarm system, defined in the bill as a security system that is capable of being worn on the body of the user and by which the user manually activates a device that sends (i) a signal to the local 9-1-1 public safety answering point that indicates a school security emergency that requires immediate response and assistance from such public safety answering point and (ii) a multisensory schoolwide school security emergency notification, when appropriate.
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 liable to the employee 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.
Protection of employees; retaliatory action against employee prohibited. Prohibits an employer from taking certain retaliatory actions against an employee because the employee or a person acting on the employee's behalf 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, officer, or other employee, 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. The bill prohibits an employer from (i) taking any action or including any policy in an employee handbook, employment contract, or separation agreement that impedes an employee from disclosing possible or actual illegal activity to the public, a governmental body, or his employer or (ii) taking any disciplinary action in retaliation against an employee for reporting to the public, a governmental body, or his employer any possible or actual violation of any federal or state law or regulation. This bill incorporates HB 722 and HB 1216.
Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
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.
