VA SB1387 | 2019 | Regular Session
Status
Spectrum: Bipartisan Bill
Status: Engrossed on January 17 2019 - 50% progression, died in chamber
Action: 2019-02-12 - Passed by indefinitely in Commerce and Labor (12-Y 7-N)
Text: Latest bill text (Engrossed) [HTML]
Status: Engrossed on January 17 2019 - 50% progression, died in chamber
Action: 2019-02-12 - Passed by indefinitely in Commerce and Labor (12-Y 7-N)
Text: Latest bill text (Engrossed) [HTML]
Summary
Covenants not to compete; low-wage employees; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a covenant not to compete between the employer and a low-wage employee. The employer is subject to a civil penalty of $10,000 per violation. The bill defines "low-wage employee" as either (i) an employee, intern, student, apprentice, or trainee whose average weekly earnings are less than the average weekly wage of the Commonwealth or who is employed without pay or (ii) an independent contractor who is compensated for his services at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported by the Bureau of Labor Statistics of the U.S. Department of Labor. The measure defines "covenant not to compete" as an agreement that restrains, prohibits, or otherwise restricts an individual's ability to compete with his former employer. The bill allows any low-wage employee subject to such a covenant not to compete to bring a civil action against an employer and 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 requires all employers to post in the workplace a notice of the bill's prohibition or a summary of the notice approved by the Department of Labor and Industry and provides that an employer is subject to a warning for a first offense and to a civil penalty for a subsequent offense for failure to post such notice or approved summary.
Title
Low-wage employees; covenants not to compete, civil penalty.
Sponsors
Roll Calls
2019-02-12 - House - House: Passed by indefinitely in Commerce and Labor (12-Y 7-N) (Y: 12 N: 7 NV: 3 Abs: 0) [PASS]
2019-01-18 - Senate - Senate: Read third time and passed Senate (37-Y 3-N) (Y: 37 N: 3 NV: 0 Abs: 0) [PASS]
2019-01-16 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - Senate - Senate: Reported from Commerce and Labor with amendment (11-Y 1-N 1-A) (Y: 11 N: 1 NV: 0 Abs: 1) [PASS]
2019-01-18 - Senate - Senate: Read third time and passed Senate (37-Y 3-N) (Y: 37 N: 3 NV: 0 Abs: 0) [PASS]
2019-01-16 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-14 - Senate - Senate: Reported from Commerce and Labor with amendment (11-Y 1-N 1-A) (Y: 11 N: 1 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2019-02-12 | House | Passed by indefinitely in Commerce and Labor (12-Y 7-N) |
| 2019-01-22 | House | Referred to Committee on Commerce and Labor |
| 2019-01-22 | House | Read first time |
| 2019-01-22 | House | Placed on Calendar |
| 2019-01-18 | Senate | Read third time and passed Senate (37-Y 3-N) |
| 2019-01-17 | Senate | Printed as engrossed 19100439D-E |
| 2019-01-17 | Senate | Engrossed by Senate as amended SB1387E |
| 2019-01-17 | Senate | Committee amendment agreed to |
| 2019-01-17 | Senate | Reading of amendment waived |
| 2019-01-17 | Senate | Read second time |
| 2019-01-16 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2019-01-14 | Senate | Reported from Commerce and Labor with amendment (11-Y 1-N 1-A) |
| 2019-01-08 | Senate | Referred to Committee on Commerce and Labor |
| 2019-01-08 | Senate | Prefiled and ordered printed; offered 01/09/19 19100439D |
