Employee misclassification; retaliatory actions prohibited, civil penalty. (HB1199)

Introduced By

Del. Kathy Tran (D-Springfield) with support from co-patrons Del. Alfonso Lopez (D-Arlington), and Del. Cia Price (D-Newport News)

Description

Employee misclassification; retaliatory actions prohibited; civil penalty. Prohibits an employer from discharging, disciplining, threatening, discriminating against, or penalizing an employee or independent contractor because the employee or independent contractor reported or plans to report that an employer or any officer or agent has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions. The measure also prohibits such actions against an employee or independent contractor who is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. These prohibitions apply only if an employee or independent contractor acts in good faith and upon a reasonable belief that the information is accurate. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited retaliatory action. Available remedies include reinstatement of the employee and recovery of lost wages. An employer that violates these provisions is subject to a civil penalty equal to the employee's lost wages. This bill is identical to SB 662. Read the Bill »

Outcome

History