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Bill > SB381
VA SB381
VA SB381Unemployment compensation; employer's failure to respond to requests for information, etc.
summary
Introduced
01/09/2024
01/09/2024
In Committee
02/21/2024
02/21/2024
Crossed Over
02/28/2024
02/28/2024
Passed
03/04/2024
03/04/2024
Dead
Signed/Enacted/Adopted
03/28/2024
03/28/2024
Introduced Session
2024 Regular Session
Bill Summary
Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission's third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. The provisions of the bill have a delayed effective date of July 1, 2025. As introduced, this bill was a recommendation of the Commission on Unemployment Compensation.
AI Summary
This bill amends the Virginia Unemployment Compensation Act to address an employer's failure to respond to requests for information related to unemployment claims. The key provisions are:
1. An employer's account will not be relieved of charges for erroneous benefit payments if the employer failed to respond timely or adequately to a written request for information and has established a pattern of such failures.
2. The Virginia Employment Commission must provide written notice to the employer for each instance of untimely or inadequate response, and upon the third (and each subsequent) such determination within the applicable review period, the employer will be considered to have waived all rights related to the claim, including participation and appeal rights, unless the employer demonstrates good cause.
3. The bill also requires the Commission to provide the reasoning behind its claim determinations and a statement of case-specific facts in the notice to the claimant.
4. The provisions of the bill have a delayed effective date of July 1, 2025 and apply to erroneous payments established on or after that date.
Committee Categories
Budget and Finance, Business and Industry
Sponsors (1)
Last Action
Governor: Acts of Assembly Chapter text (CHAP0236) (on 03/28/2024)
Official Document
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