Bill > HB238

This bill expands employee protections and remedies for wage and hour violations by clarifying that employers who violate minimum wage, overtime, worker misclassification, or prevailing wage rate provisions are liable to employees for the same remedies, damages, or relief available in existing civil actions for nonpayment of wages, which include recovering owed wages, double the amount in liquidated damages, prejudgment interest, and attorney fees, and potentially triple the wages owed if the employer knowingly withheld payment. It also clarifies that "employer" includes entities acting directly or indirectly in the interest of an employer, and it strengthens protections against retaliatory actions by employers for employees who report potential illegal activities or cooperate with investigations, allowing for broader remedies including actual and punitive damages, and prohibits employers from impeding employees' ability to disclose illegal activity. Furthermore, the bill extends the statute of limitations for certain wage claims and allows the Attorney General or Commissioner of Labor and Industry to investigate and bring civil actions on behalf of employees for various wage violations, including misclassification and overtime, and to seek restitution, damages, and penalties. The bill also clarifies that "wages" encompass a wide range of compensation, including bonuses, commissions, and damages for misclassification, and it specifies that the provisions related to prevailing wage rates do not apply to public contracts valued at $250,000 or less.

Budget and Finance, Business and Industry

https://lis.virginia.gov/bill-details/20261/HB238