Employee misclassification; retaliatory actions prohibited, civil penalty. (SB662)

Introduced By

Sen. Jennifer Boysko (D-Herndon) with support from co-patrons Sen. John Bell (D-Chantilly), Sen. Janet Howell (D-Reston), Sen. Jennifer McClellan (D-Richmond), and Sen. Joe Morrissey (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 HB 1199. Read the Bill »


Bill Has Passed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20103500D
01/07/2020Referred to Committee on Commerce and Labor
01/27/2020Reported from Commerce and Labor (12-Y 3-N) (see vote tally)
01/29/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/30/2020Read second time and engrossed
01/31/2020Read third time and passed Senate (25-Y 13-N) (see vote tally)
02/06/2020Impact statement from DPB (SB662)
02/13/2020Placed on Calendar
02/13/2020Read first time
02/13/2020Referred to Committee on Labor and Commerce
02/18/2020Reported from Labor and Commerce (12-Y 9-N) (see vote tally)
02/20/2020Read second time
02/21/2020Passed by for the day
02/24/2020Read third time
02/24/2020Passed House (55-Y 44-N)
02/24/2020VOTE: Passage (55-Y 44-N) (see vote tally)
02/27/2020Bill text as passed Senate and House (SB662ER)
02/27/2020Signed by President
02/27/2020Signed by Speaker
02/28/2020Impact statement from DPB (SB662ER)
03/10/2020Enrolled Bill Communicated to Governor on March 10, 2020
03/10/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
03/11/2020G Approved by Governor-Chapter 271 (effective 7/1/20)
03/11/2020G Acts of Assembly Chapter text (CHAP0271)