Worker classification; qualification of independent contractors. (SB1323)

Introduced By

Sen. Siobhan Dunnavant (R-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Worker classification; independent contractors. Provides that in a proceeding involving allegations of worker misclassification an individual or business is not considered an employee with respect to a hiring party if the person qualifies as an independent contractor relative to the hiring party under the common law right-of control test as established by the Internal Revenue Service Revenue Ruling 87-41, by an applicable determination of the Internal Revenue Service, or if (i) the individual or business signs a written contract with the hiring party stating that the individual or business is self-employed or is being engaged as an independent contractor and containing certain acknowledgments, (ii) the individual or business has the right to control the manner and means by which the final result of the work is to be accomplished, and (iii) four or more additional criteria provided for in the bill are satisfied. The bill also provides that a hiring party alleging that a worker misclassification claim is frivolous or improper may file a motion to dismiss such claim. The bill provides that a contract or written agreement expressly stating that a claimant is not considered an employee is considered as prima facie evidence of a violation of frivolous pleading provisions. Read the Bill »


Bill Has Failed


01/12/2021Prefiled and ordered printed; offered 01/13/21 21101717D
01/12/2021Referred to Committee on Commerce and Labor
01/25/2021Rereferred from Commerce and Labor (14-Y 1-N) (see vote tally)
01/25/2021Rereferred to Judiciary
02/01/2021Committee amendments
02/01/2021Passed by indefinitely in Judiciary with letter (10-Y 5-N) (see vote tally)


Fcta writes:

FCTA supports Right to Work. Look at IRS data. Union states are losing wealth and jobs to rtw states.