Nonpayment of wages; cause of action, penalties. (SB838)
Introduced By
Sen. Adam Ebbin (D-Alexandria) with support from co-patron Sen. Jennifer McClellan (D-Richmond)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, or on behalf of similarly situated employees as a collective action, under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2020 | Prefiled and ordered printed; offered 01/08/20 20104975D |
01/08/2020 | Referred to Committee on Commerce and Labor |
01/13/2020 | Impact statement from VCSC (SB838) |
02/03/2020 | Impact statement from DPB (SB838) |
02/03/2020 | Reported from Commerce and Labor with substitute (12-Y 2-N) (see vote tally) |
02/03/2020 | Committee substitute printed 20106124D-S1 |
02/03/2020 | Rereferred to Finance and Appropriations |
02/06/2020 | Impact statement from VCSC (SB838S1) |
02/06/2020 | Impact statement from DPB (SB838S1) |
02/06/2020 | Reported from Finance and Appropriations (15-Y 1-N) (see vote tally) |
02/10/2020 | Constitutional reading dispensed (36-Y 0-N) (see vote tally) |
02/11/2020 | Read second time |
02/11/2020 | Reading of substitute waived |
02/11/2020 | Committee substitute agreed to 20106124D-S1 |
02/11/2020 | Engrossed by Senate - committee substitute SB838S1 |
02/11/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/11/2020 | Passed Senate (20-Y 20-N) (see vote tally) |
02/11/2020 | Chair votes Yes |
02/11/2020 | Reconsideration of passage agreed to by Senate (39-Y 1-N) (see vote tally) |
02/11/2020 | Passed by temporarily |
02/11/2020 | Engrossment reconsidered by Senate (40-Y 0-N) (see vote tally) |
02/11/2020 | Reading of amendments waived |
02/11/2020 | Amendments by Senator Ebbin agreed to |
02/11/2020 | Engrossed by Senate - committee substitute with amendments SB838ES1 |
02/11/2020 | Printed as engrossed 20106124D-ES1 |
02/11/2020 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/11/2020 | Passed Senate (22-Y 18-N) (see vote tally) |
02/14/2020 | Placed on Calendar |
02/14/2020 | Read first time |
02/14/2020 | Referred to Committee on Labor and Commerce |
02/18/2020 | House committee, floor amendments and substitutes offered |
02/21/2020 | Impact statement from DPB (SB838ES1) |
02/25/2020 | Reported from Labor and Commerce with substitute (11-Y 8-N) (see vote tally) |
02/25/2020 | Committee substitute printed 20109103D-H1 |
02/27/2020 | Read second time |
02/28/2020 | Read third time |
02/28/2020 | Committee substitute agreed to 20109103D-H1 |
02/28/2020 | Engrossed by House - committee substitute SB838H1 |
02/28/2020 | Passed House with substitute (52-Y 46-N 1-A) |
02/28/2020 | VOTE: Passage (52-Y 46-N 1-A) (see vote tally) |
03/02/2020 | Impact statement from DPB (SB838H1) |
03/02/2020 | House substitute rejected by Senate (0-Y 40-N) (see vote tally) |
03/03/2020 | House insisted on substitute |
03/03/2020 | House requested conference committee |
03/04/2020 | Senate acceded to request (23-Y 17-N) (see vote tally) |
03/04/2020 | Conferees appointed by Senate |
03/04/2020 | Senators: Ebbin, Spruill, Obenshain |
03/05/2020 | Conferees appointed by House |
03/05/2020 | Delegates: Carroll Foy, Kory, Fariss |
03/05/2020 | C Amended by conference committee |
03/05/2020 | Conference report agreed to by House (52-Y 45-N 1-A) |
03/05/2020 | VOTE: Adoption (52-Y 45-N 1-A) (see vote tally) |
03/07/2020 | Conference report agreed to by Senate (22-Y 18-N) (see vote tally) |
03/18/2020 | Bill text as passed Senate and House (SB838ER) |
03/18/2020 | Enrolled |
03/18/2020 | Signed by President |
03/19/2020 | Signed by Speaker |
03/20/2020 | Enrolled Bill Communicated to Governor on March 20, 2020 |
03/20/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
03/23/2020 | Impact statement from DPB (SB838ER) |
04/10/2020 | G Approved by Governor-Chapter 1038 (effective 7/1/20) |
04/10/2020 | G Acts of Assembly Chapter text (CHAP1038) |