Independent contractors; JLARC to study misclassification of employees. (SJ345)

Introduced By

Sen. Phil Puckett (D-Tazewell)


Passed Committee
Passed House
Passed Senate


Study; misclassification of employees as independent contractors; report.  Requests the Department of Labor and Industry, with the technical assistance of the Board for Contractors within the Department of Professional and Occupational Regulation, to study the misclassification of employees as independent contractors in the Commonwealth. In conducting the study, the Department shall (i) review the status of employee misclassification in the state, (ii) review the consequences of misclassification to the workforce, (iii) determine the amount of lost revenue to the state and local governments, and (iv) suggest strategies for alleviating misclassification or improper classification of employees. Read the Bill »


02/22/2011: Passed the House


01/11/2011Prefiled and ordered printed; offered 01/12/11 11102310D
01/11/2011Referred to Committee on Rules
01/21/2011Assigned Rules sub: #1
02/04/2011Reported from Rules with substitute
02/04/2011Committee substitute printed 11105024D-S1
02/07/2011Reading waived (40-Y 0-N) (see vote tally)
02/08/2011Read second time
02/08/2011Reading of substitute waived
02/08/2011Committee substitute agreed to 11105024D-S1
02/08/2011Engrossed by Senate - committee substitute SJ345S1
02/08/2011Reading waived (40-Y 0-N) (see vote tally)
02/08/2011Agreed to by Senate by voice vote
02/09/2011Placed on Calendar
02/09/2011Referred to Committee on Rules
02/11/2011Assigned Rules sub: #3 Studies
02/17/2011Reported from Rules with substitute (11-Y 0-N) (see vote tally)
02/17/2011Committee substitute printed 11105395D-H1
02/22/2011Taken up
02/22/2011Committee substitute agreed to 11105395D-H1
02/22/2011Engrossed by House - committee substitute SJ345H1
02/22/2011Agreed to by House with substitute (93-Y 3-N)
02/22/2011VOTE: ADOPTION (93-Y 3-N) (see vote tally)
02/23/2011House substitute agreed to by Senate by voice vote
02/23/2011Title replaced 11105395D-H1
03/07/2011Bill text as passed Senate and House (SJ345ER)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.


Bubberella writes:

This study should include the Workers' Comp Commission, the Virginia Employment Commission, and probably Taxation as well as the misclassification of employees as contractors affects these programs as well.

Classifying employees as independent contractors is rampant in the trades. Then a poor schmuck gets hurt on the job or fired from a job and finds out that he not only doesn't have workers comp or unemployment benefits, but he owes taxes as well.