Labor & Employment (Minimum Wage)

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.

Labor and employment; nondiscrimination; prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; predictive scheduling for large employers; causes of action; civil penalties. Prohibits an employer, labor organization, employment agency, or joint apprenticeship committee controlling an apprenticeship or other training program to discriminate based on an individual's name or address, if the individual's name or address are used as a proxy for race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or ethnic or national origin. Additionally, the bill prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate.The bill also requires an employer that is a retail establishment, hospitality establishment, or a food services establishment, including a chain or integrated enterprise, employing 500 or more employees worldwide to provide a written good faith estimate of each new employee's work schedule at the time of hire, to provide 14 days' advanced notice of an employee's work schedule, and to compensate employees for certain employer-requested changes that occur to an employee's work schedule without such advanced notice. The bill prohibits such an employer from scheduling or requiring an employee to work during certain required rest periods and from retaliating against an employee for inquiring about or seeking enforcement of the bill's provisions. The bill permits an employee who is unlawfully discharged, disciplined, threatened, discriminated against, or penalized in violation of its provisions to bring a civil action for certain enumerated remedies. Additionally, the bill subjects an employer who violates any of its provisions to certain civil penalties.

Protection of employees; coercion or threat based on immigration status; civil penalty. Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

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.

Minimum wage; farm laborers or farm employees. Eliminates the exemption from Virginia's minimum wage requirements for persons employed as farm laborers or farm employees. The bill has a delayed effective date of January 1, 2027, and is identical to HB 20.

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.

Minimum wage; farm laborers or farm employees. Eliminates the exemption from Virginia's minimum wage requirements for persons employed as farm laborers or farm employees. The bill has a delayed effective date of January 1, 2027, and is identical to SB 121.

Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 28.

Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to HB 27.

Minimum wage. Increases the minimum wage incrementally to $15.00 per hour by January 1, 2028. The bill codifies the adjusted state hourly minimum wage of $12.77 per hour that is effective January 1, 2026, and increases the minimum wage to $13.75 per hour effective January 1, 2027, and to $15.00 per hour effective January 1, 2028. Effective January 1, 2029, and annually thereafter, the bill requires the minimum wage to be adjusted to reflect increases in the consumer price index. This bill is identical to SB 1.