Nonpayment of wage; construction contracts, etc. (HB123)

Introduced By

Del. Jennifer Carroll Foy (D-Woodbridge) with support from co-patrons Del. Patrick Hope (D-Arlington), Del. Mark Levine (D-Alexandria), Del. Sam Rasoul (D-Roanoke), and Del. Ibraheem Samirah (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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, 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 measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees. This bill incorporates HB 482. Read the Bill »


02/27/2020: Passed the Senate


12/16/2019Prefiled and ordered printed; offered 01/08/20 20101396D
12/16/2019Referred to Committee on Labor and Commerce
01/14/2020Assigned L & C sub: Subcommittee #1
01/28/2020House subcommittee amendments and substitutes offered
01/28/2020Subcommittee recommends reporting with substitute (4-Y 3-N)
01/30/2020Committee substitute printed 20106941D-H1
01/30/2020Incorporates HB482 (Kory)
01/30/2020Reported from Labor and Commerce with substitute (10-Y 8-N) (see vote tally)
02/03/2020Read first time
02/04/2020House committee, floor amendments and substitutes offered
02/04/2020Read second time
02/04/2020Committee substitute agreed to 20106941D-H1
02/04/2020Amendment by Delegate Carroll Foy agreed to
02/04/2020Pending question ordered
02/04/2020Engrossed by House - committee substitute with amendment HB123EH1
02/04/2020Printed as engrossed 20106941D-EH1
02/05/2020Read third time and passed House (53-Y 44-N 1-A)
02/05/2020VOTE: Passage (53-Y 44-N 1-A) (see vote tally)
02/06/2020Impact statement from VCSC (HB123)
02/06/2020Constitutional reading dispensed
02/06/2020Impact statement from VCSC (HB123EH1)
02/06/2020Referred to Committee on Commerce and Labor
02/06/2020Impact statement from VCSC (HB123H1)
02/11/2020Impact statement from DPB (HB123EH1)
02/17/2020Reported from Commerce and Labor with amendment (12-Y 3-N) (see vote tally)
02/17/2020Rereferred to Finance and Appropriations
02/25/2020Reported from Finance and Appropriations with substitute (14-Y 2-N) (see vote tally)
02/25/2020Committee substitute printed 20108922D-S1
02/26/2020Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/27/2020Read third time
02/27/2020Committee amendment rejected
02/27/2020Reading of substitute waived
02/27/2020Committee substitute agreed to 20108922D-S1
02/27/2020Engrossed by Senate - committee substitute HB123S1
02/27/2020Passed Senate with substitute (23-Y 17-N)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 6 minutes.

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