Labor & Employment

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.

Workers' compensation; employer's offset in event of recovery. Amends provisions related to an employer's offset for recovery in certain actions brought under the Virginia Workers' Compensation Act. The bill requires that lifetime medical award benefits and ongoing indemnity award benefits shall remain in full force and effect if the claimant is under such an award at the time that recovery is effected, subject to the employer offset provisions. Under the bill, an employer's credit shall be applied as a continuing, pro rata reduction to benefits otherwise payable under an existing award until the employer's required credit is exhausted. The bill also removes language limiting an employee's entitlement to compensation and expenses for medical, surgical, and hospital attention and funeral expenses.

Wage garnishments; treasurers' liens for unpaid taxes and charges. Limits a treasurer's lien issued with respect to wages or salary to 25 percent of the delinquent taxpayer's disposable earnings in a single pay period. The 25 percent limitation shall not apply (i) if the lien issuer determines that the adjusted gross income of the delinquent taxpayer exceeds 250 percent of the poverty guideline amount adjusted for household size; (ii) if the treasurer determines, by clear and convincing evidence, that the delinquent taxpayer or the property assessed with such taxes is no longer in the jurisdiction, or the taxpayer is attempting to flee the jurisdiction or is improperly disposing of assets with the intent to hinder or delay the collection of the delinquent taxes; or (iii) to any portion of the delinquent obligation collected by the delinquent taxpayer and held in trust to remit to the local governing authority. This bill is identical to SB 597.

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 HB 116.

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.

Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill have a delayed effective date of July 1, 2027.Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to SB 324.

Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions and specifies that employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave to seek or obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking. The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements. The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, the bill authorizes an aggrieved employee to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of July 1, 2027.

Virginia Law Officers' Retirement System; membership. Adds (i) full-time sworn members of the enforcement division of the Department of Motor Vehicles, (ii) probation officers employed by the Department of Corrections, (iii) full-time sworn law-enforcement officers employed by the Department of Corrections, and (iv) full-time sworn law-enforcement officers employed by the Department of Juvenile Justice to membership in the Virginia Law Officers' Retirement System. The bill has a delayed effective date of July 1, 2027, and provides that such membership applies only to service earned on or after July 1, 2027.

Authority of local governments; service employees. Permits a locality to provide for certain requirements concerning successor service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor service employers retain incumbent service employees during a transition period of 90 days. Under the bill, service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that an employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages. This bill is identical to SB 430.

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.