VA SB838 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 10 2020 - 100% progression
Action: 2020-04-10 - Governor: Acts of Assembly Chapter text (CHAP1038)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 10 2020 - 100% progression
Action: 2020-04-10 - Governor: Acts of Assembly Chapter text (CHAP1038)
Text: Latest bill text (Chaptered) [HTML]
Summary
Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, or on behalf of similarly situated employees as a collective action, under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000.
Title
Nonpayment of wages; cause of action, penalties.
Sponsors
Roll Calls
2020-03-07 - Senate - Senate: Conference report agreed to by Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2020-03-05 - House - House: VOTE: Adoption (52-Y 45-N 1-A) (Y: 52 N: 45 NV: 2 Abs: 1) [PASS]
2020-03-04 - Senate - Senate: Senate acceded to request (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2020-03-02 - Senate - Senate: House substitute rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2020-02-28 - House - House: VOTE: Passage (52-Y 46-N 1-A) (Y: 52 N: 46 NV: 1 Abs: 1) [PASS]
2020-02-25 - House - House: Reported from Labor and Commerce with substitute (11-Y 8-N) (Y: 11 N: 8 NV: 2 Abs: 1) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Reconsideration of passage agreed to by Senate (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-10 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Reported from Finance and Appropriations (15-Y 1-N) (Y: 15 N: 1 NV: 0 Abs: 0) [PASS]
2020-02-03 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
2020-03-05 - House - House: VOTE: Adoption (52-Y 45-N 1-A) (Y: 52 N: 45 NV: 2 Abs: 1) [PASS]
2020-03-04 - Senate - Senate: Senate acceded to request (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2020-03-02 - Senate - Senate: House substitute rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2020-02-28 - House - House: VOTE: Passage (52-Y 46-N 1-A) (Y: 52 N: 46 NV: 1 Abs: 1) [PASS]
2020-02-25 - House - House: Reported from Labor and Commerce with substitute (11-Y 8-N) (Y: 11 N: 8 NV: 2 Abs: 1) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Reconsideration of passage agreed to by Senate (39-Y 1-N) (Y: 39 N: 1 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-10 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Reported from Finance and Appropriations (15-Y 1-N) (Y: 15 N: 1 NV: 0 Abs: 0) [PASS]
2020-02-03 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-04-10 | Governor: Acts of Assembly Chapter text (CHAP1038) | |
2020-04-10 | Governor: Approved by Governor-Chapter 1038 (effective 7/1/20) | |
2020-03-20 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
2020-03-20 | Senate | Enrolled Bill Communicated to Governor on March 20, 2020 |
2020-03-19 | House | Signed by Speaker |
2020-03-18 | Senate | Signed by President |
2020-03-18 | Senate | Enrolled |
2020-03-18 | Senate | Bill text as passed Senate and House (SB838ER) |
2020-03-07 | Senate | Conference report agreed to by Senate (22-Y 18-N) |
2020-03-05 | House | VOTE: Adoption (52-Y 45-N 1-A) |
2020-03-05 | House | Conference report agreed to by House (52-Y 45-N 1-A) |
2020-03-05 | Conference: Amended by conference committee | |
2020-03-05 | House | Delegates: Carroll Foy, Kory, Fariss |
2020-03-05 | House | Conferees appointed by House |
2020-03-04 | Senate | Senators: Ebbin, Spruill, Obenshain |
2020-03-04 | Senate | Conferees appointed by Senate |
2020-03-04 | Senate | Senate acceded to request (23-Y 17-N) |
2020-03-03 | House | House requested conference committee |
2020-03-03 | House | House insisted on substitute |
2020-03-02 | Senate | House substitute rejected by Senate (0-Y 40-N) |
2020-02-28 | House | VOTE: Passage (52-Y 46-N 1-A) |
2020-02-28 | House | Passed House with substitute (52-Y 46-N 1-A) |
2020-02-28 | House | Engrossed by House - committee substitute SB838H1 |
2020-02-28 | House | Committee substitute agreed to 20109103D-H1 |
2020-02-28 | House | Read third time |
2020-02-27 | House | Read second time |
2020-02-25 | House | Committee substitute printed 20109103D-H1 |
2020-02-25 | House | Reported from Labor and Commerce with substitute (11-Y 8-N) |
2020-02-14 | House | Referred to Committee on Labor and Commerce |
2020-02-14 | House | Read first time |
2020-02-14 | House | Placed on Calendar |
2020-02-11 | Senate | Passed Senate (22-Y 18-N) |
2020-02-11 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2020-02-11 | Senate | Printed as engrossed 20106124D-ES1 |
2020-02-11 | Senate | Engrossed by Senate - committee substitute with amendments SB838ES1 |
2020-02-11 | Senate | Amendments by Senator Ebbin agreed to |
2020-02-11 | Senate | Reading of amendments waived |
2020-02-11 | Senate | Engrossment reconsidered by Senate (40-Y 0-N) |
2020-02-11 | Senate | Passed by temporarily |
2020-02-11 | Senate | Reconsideration of passage agreed to by Senate (39-Y 1-N) |
2020-02-11 | Senate | Chair votes Yes |
2020-02-11 | Senate | Passed Senate (20-Y 20-N) |
2020-02-11 | Senate | Constitutional reading dispensed (40-Y 0-N) |
2020-02-11 | Senate | Engrossed by Senate - committee substitute SB838S1 |
2020-02-11 | Senate | Committee substitute agreed to 20106124D-S1 |
2020-02-11 | Senate | Reading of substitute waived |
2020-02-11 | Senate | Read second time |
2020-02-10 | Senate | Constitutional reading dispensed (36-Y 0-N) |
2020-02-06 | Senate | Reported from Finance and Appropriations (15-Y 1-N) |
2020-02-03 | Senate | Rereferred to Finance and Appropriations |
2020-02-03 | Senate | Committee substitute printed 20106124D-S1 |
2020-02-03 | Senate | Reported from Commerce and Labor with substitute (12-Y 2-N) |
2020-01-08 | Senate | Referred to Committee on Commerce and Labor |
2020-01-08 | Senate | Prefiled and ordered printed; offered 01/08/20 20104975D |