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VA HB1344

VA HB1344
Employee protection; prohibited retaliation, prohibited nondisclosure & nondisparagement provisions.


summary

Introduced
01/12/2024
In Committee
01/12/2024
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Employee protection; prohibited retaliation; prohibited nondisclosure and nondisparagement provisions; civil action. Prohibits the inclusion of a provision in any employment contract that has the purpose or effect of concealing illegal activity or activity an employee believes to be unlawful, including unlawful sexual harassment, discrimination, wage theft, and protected whistleblowing, as those terms are described in existing law. Under the bill's provisions, no employer shall discharge or otherwise retaliate against an employee, prospective employee, or independent contractor for disclosing or discussing conduct that such employee reasonably believes to be discrimination, including harassment, retaliation, a wage or hour violation, sexual assault, fraud against taxpayers, shareholders, the government, consumers, or other employees, or other conduct that is against a clear mandate of public policy. An employer that violates the provisions of the bill shall be liable for the greater of actual damages or statutory damages of $10,000, as well as reasonable attorney fees and costs. The bill also requires employers to include in any settlement agreement or employment agreement with an employee a disclaimer that such agreement does not prohibit an employee from disclosing conduct as protected under the bill. The provisions of the bill apply to contracts entered into, renewed, modified, or amended on or after July 1, 2024.

AI Summary

This bill enhances employee protections by prohibiting employers from including provisions in employment or settlement agreements that conceal illegal workplace activities. Specifically, the bill expands protections for employees who report or discuss various types of workplace misconduct, including sexual harassment, discrimination, wage theft, sexual assault, fraud, and other actions against public policy. Employers are now prohibited from retaliating against employees who disclose such conduct, whether to supervisors, management, governmental bodies, or law enforcement. The bill requires employers to include a disclaimer in all employment and settlement agreements stating that employees can freely discuss potentially unlawful conduct. If an employer violates these provisions, they can be held liable for actual or statutory damages of $10,000, plus attorney fees and costs. Employees who believe they have been retaliated against can bring a civil action within one year, and they must only show that their protected activity was a contributing factor in the employer's retaliatory action. The bill applies to all contracts entered into, renewed, modified, or amended on or after July 1, 2024, and aims to create a more transparent and protective workplace environment by preventing the suppression of important workplace misconduct information.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Left in Labor and Commerce (on 11/18/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/cgi-bin/legp604.exe?251+sum+HB1344
BillText https://lis.virginia.gov/bill-details/20251/HB1344/text/HB1344
Fiscal Note/Analysis - House: Presented and ordered printed 24105208D https://lis.blob.core.windows.net/legacy/999668.PDF
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