HB 238 VA To Executive
Minimum wage and overtime wages; payment, definitions, misclassification of workers, civil actions.
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Summary
Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is subject to civil actions for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill also prohibits an employer from taking certain retaliatory actions against an employee because the employee reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, or officer, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation.
Sponsor (1)
- Alfonso H. Lopez Democratic · primary
13 coauthors / cosponsors
- Elizabeth B. Bennett-Parker Democratic · cosponsor
- Betsy B. Carr Democratic · cosponsor
- Rae Cousins Democratic · cosponsor
- Rozia A. Henson, Jr. Democratic · cosponsor
- Phil M. Hernandez Democratic · cosponsor
- Karen Keys-Gamarra Democratic · cosponsor
- Destiny LeVere Bolling Democratic · cosponsor
- Adele Y. McClure Democratic · cosponsor
- Leslie Chambers Mehta · cosponsor
- Kimberly Pope Adams · cosponsor
- Marcia S. "Cia" Price Democratic · cosponsor
- Irene Shin Democratic · cosponsor
- Kathy K.L. Tran Democratic · cosponsor
Action history (57)
- Jan 8, 2026 Prefiled and ordered printed; Offered 01-14-2026 26104955D · lower
- Jan 8, 2026 Referred to Committee on Labor and Commerce · lower
- Jan 15, 2026 Assigned HCL sub: Subcommittee #2 · lower
- Jan 22, 2026 House subcommittee offered · lower
- Jan 22, 2026 Subcommittee recommends reporting with substitute (5-Y 2-N) · lower
- Jan 27, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB238) · lower
- Jan 27, 2026 Reported from Labor and Commerce with substitute (15-Y 7-N) · lower
- Jan 27, 2026 Committee substitute printed 26105944D-H1 · lower
- Jan 29, 2026 Read first time · lower
- Jan 30, 2026 Floor offered Delegate Lopez Amendments · lower
- Jan 30, 2026 Floor offered Delegate Lopez Amendments · lower
- Jan 30, 2026 Read second time · lower
- Jan 30, 2026 committee substitute agreed to · lower
- Jan 30, 2026 Delegate Lopez Floor amendments agreed to · lower
- Jan 30, 2026 Delegate Lopez Floor amendments agreed to · lower
- Jan 30, 2026 Engrossed by House - committee substitute as amended · lower
- Feb 2, 2026 Read third time and passed House (64-Y 35-N 0-A) · lower
- Feb 3, 2026 Constitutional reading dispensed (on 1st reading) · upper
- Feb 3, 2026 Referred to Committee on Commerce and Labor · upper
- Feb 11, 2026 Fiscal Impact statement From VCSC (2/11/2026 4:09 pm) · lower
- Feb 13, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB238) · lower
- Mar 2, 2026 Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N) · upper
- Mar 3, 2026 Committee substitute printed 26108602D-S1 · upper
- Mar 3, 2026 Fiscal Impact statement From VCSC (3/3/2026 3:58 pm) · lower
- Mar 6, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB238) · lower
- Mar 6, 2026 Reported from Finance and Appropriations (10-Y 4-N) · upper
- Mar 9, 2026 Rules suspended · upper
- Mar 9, 2026 Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A) · upper
- Mar 9, 2026 Passed by for the day Block Vote (Voice Vote) · upper
- Mar 10, 2026 Read third time · upper
- Mar 10, 2026 Commerce and Labor Substitute agreed to · upper
- Mar 10, 2026 Engrossed by Senate - committee substitute · upper
- Mar 10, 2026 Passed Senate with substitute (21-Y 19-N 0-A) · upper
- Mar 11, 2026 Senate substitute rejected by House (0-Y 98-N 1-A) · lower
- Mar 12, 2026 Senate insisted on substitute Block Vote (40-Y 0-N 0-A) · upper
- Mar 12, 2026 Senate requested conference committee · upper
- Mar 12, 2026 House acceded to request · lower
- Mar 12, 2026 Conferees appointed by House · lower
- Mar 12, 2026 House Conferees: Lopez, Anthony, Garrett · lower
- Mar 12, 2026 Conferees appointed by Senate · upper
- Mar 12, 2026 Senate Conferees: Surovell, McPike, Stuart · upper
- Mar 14, 2026 Conference Report released · legislature
- Mar 14, 2026 Fiscal Impact statement From VCSC (3/14/2026 2:04 pm) · lower
- Mar 14, 2026 Conference report agreed to by House (62-Y 35-N 0-A) · lower
- Mar 14, 2026 Conference report agreed to by Senate (20-Y 19-N 0-A) · upper
- Mar 23, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB238) · lower
- Mar 30, 2026 Enrolled · lower
- Mar 30, 2026 Bill text as passed House and Senate (HB238ER) · lower
- Mar 30, 2026 Signed by President · upper
- Mar 31, 2026 Signed by Speaker · lower
- Mar 31, 2026 Enrolled Bill communicated to Governor on March 31, 2026 · lower
- Mar 31, 2026 Governor's Action Deadline 11:59 p.m., April 13, 2026 · executive
- Apr 2, 2026 Fiscal Impact Statement from Department of Planning and Budget (HB238) · lower
- Apr 13, 2026 Governor's recommendation received by House · executive
- Apr 14, 2026 Fiscal Impact statement From VCSC (4/14/2026 12:41 pm) · lower
- Apr 16, 2026 Substitute bill reprinted 26110450D · lower
- Apr 20, 2026 Fiscal Impact statement From VCSC (4/20/2026 4:21 pm) · lower
Text versions (26)
The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.
- Governor Substitute · PDF
- Governor Substitute · HTML
- Governor Substitute · PDF
- Governor Substitute · HTML
- Governor's Recommendation · HTML
- Enrolled · PDF
- Enrolled · HTML
- Conference Report · HTML
- Conference Report Substitute · PDF
- Conference Report Substitute · HTML
- Commerce and Labor Substitute · PDF
- Commerce and Labor Substitute · HTML
- Engrossed · PDF
- Engrossed · HTML
- Delegate Lopez Amendments · HTML
- Delegate Lopez Amendments · HTML
- Delegate Lopez Amendments · HTML
- Delegate Lopez Amendments · HTML
- Labor and Commerce Substitute · PDF
- Labor and Commerce Substitute · HTML
- Labor and Commerce Substitute · PDF
- Labor and Commerce Substitute · HTML
- Subcommittee #2 Subcommittee Substitute · PDF
- Subcommittee #2 Subcommittee Substitute · HTML
- Introduced · PDF
- Introduced · HTML
Full text
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