Worker classification; penalties. (HB801)

Introduced By

Del. Karrie Delaney (D-Centreville) with support from co-patrons Del. Patrick Hope (D-Arlington), Del. Sam Rasoul (D-Roanoke), and Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Worker classification; penalties. Prohibits a contractor from classifying an individual who performs delivery services or construction labor services for the contractor as the contractor's independent contractor if he is an employee of the contractor. An individual performing such services for a contractor shall be presumed to be an employee of the contractor unless it is shown to the satisfaction of the Commissioner of Labor and Industry that (i) the individual has been and will continue to be free from control or direction over the performance of the services performed by the individual for wages, both under his contract of service and in fact; (ii) the services are either outside the usual course of the business for which such services are performed or such services are performed outside of all the places of business of the enterprise for which such services are performed; and (iii) such individual is customarily engaged in an independently established trade, occupation, profession, or business. Other factors applicable to such a determination in the case of an individual performing construction labor services are whether the individual maintained a workplace that is subject to inspection pursuant to occupational safety and health laws and whether the individual has been assigned an experience rating tax rate for purposes of unemployment compensation. Violators are subject to civil penalties and debarment from public contracts. The measure requires a contractor entering into a public contract to provide an affidavit, under penalty of perjury, attesting that (a) each individual performing delivery services or construction labor services is properly classified; (b) the contractor has completed a federal I-9 immigration form and has such form on file for each employee; (c) the contractor has complied with requirements for participation with the E-verify program for each employee; (d) the contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (e) the contractor is not barred from contracting with the public body. Read the Bill »


Bill Has Failed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20100296D
01/07/2020Referred to Committee on Labor and Commerce
01/08/2020Impact statement from VCSC (HB801)
01/16/2020Assigned L & C sub: Subcommittee #1
01/28/2020Subcommittee recommends laying on the table (7-Y 0-N)
02/11/2020Left in Labor and Commerce