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Employee protections; minimum wage and overtime wages; civil actions; misclassification of workers. Provides that an employer that violates minimum wage or overtime wages provisions 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, and such actions are required to be commenced within three years after the cause of action accrued. The bill also increases from 300 days to two years the amount of time a complainant has to file an allegation of discriminatory practice with the Office of Civil Rights of the Department of Law alleging a violation of the Virginia Human Rights Act or federal statutes governing discrimination in employment that also falls under the jurisdiction of the Virginia Human Rights Act. Additionally, the bill provides that a civil action brought by an individual against his employer for failing to properly classify the individual as an employee under current law shall be commenced within three years after the cause of action accrued.
Introduced
Jan 12, 2025
Last Action
Apr 2, 2025
Session
VA 2025
Sponsors
1 primary · 3 co
House sustained Governor's veto
Vetoed by Governor
Governor's Action Deadline 11:59 p.m., March 24, 2025
Enrolled Bill communicated to Governor on March 11, 2025
Signed by President
Bill text as passed House and Senate (HB2561ER)
Signed by Speaker
Fiscal Impact Statement from Department of Planning and Budget (HB2561)
Enrolled
Passed Senate (21-Y 19-N)
Read third time
Constitutional reading dispensed (on 2nd reading) (40-Y 0-N)
Rules suspended
Passed by for the day
Reported from Commerce and Labor (9-Y 6-N)
Fiscal Impact Statement from Department of Planning and Budget (HB2561)
Referred to Committee on Commerce and Labor
Constitutional reading dispensed (on 1st reading)
Read third time and passed House (51-Y 48-N)
Read second time and engrossed
Read first time
Reported from Labor and Commerce (12-Y 10-N)
Subcommittee recommends reporting (5-Y 3-N)
Assigned L & C sub: Subcommittee #2
Prefiled and ordered printed; Offered 01-13-2025 25104499D
Referred to Committee on Labor and Commerce
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
House sustained Governor's veto
Alfonso H. Lopez