Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.
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HB 1407 — Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.
Last action — Approved by Governor-Chapter 681 (effective 1/1/21)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
Bill Text
What changed in the latest version
34 added · 31 removedPlain-language change summary
The recent changes to Bill HB 1407 primarily focus on creating clearer guidelines for misclassifying employees as independent contractors. It adds new sections to the Code of Virginia that empower the Department of Taxation to investigate these cases and enforce penalties. This is important because it aims to protect workers' rights by ensuring they are properly classified and entitled to benefits, thereby enhancing job security and fairness in the workplace. Additionally, adjustments regarding procurement procedures for public schools have been streamlined, emphasizing competition and efficiency in spending taxpayer money.
Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - Session Special Session I Session Special Session I Session Special Session I Session Special Session I Special Session II Session Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Session Special Session I Session Special Session I Special Session II Session Session Special Session I Session Session Special Session I Special Session II Session Session Session Special Session I Session Session Session Special Session I Session Session Session Session Special Session I Special Session II VIRGINIA LAW PORTALCode of VirginiaVirginia Administrative Code Constitution of VirginiaChartersAuthoritiesCompacts Uncodified ActsRIS Users (account required) SEARCHABLE DATABASESBills & Resolutionssession legislationBill Summariessession summaries Reports to the General AssemblyHouse and Senate documents Legislative LiaisonsState agency contactsACROSS SESSIONS Subject Index:
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 681 An Act to amend and reenact §§ 2.2-4321, 2.2-4343, 58.1-1821, and 58.1-1825 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 58.1-3.4 and by adding in Title 58.1 a chapter numbered 19, consisting of sections numbered 58.1-1900 through 58.1-1905, relating to misclassification of employees as independent contractors;
[H 1407] Approved April 6, 2020 Be it enacted by the General Assembly of Virginia:
The venue for such proceeding shall be as specified in subdivision 13 b of § 8.01-261.
View plain text versions (4)
- Acts of Assembly Chapter text (CHAP0681) View text Current html April 06, 2020
- Bill text as passed House and Senate (HB1407ER) View text html February 28, 2020
- Amended Engrossed by House as amended HB1407E html February 03, 2020
- Impact statement from TAX (HB1407) View text html January 08, 2020
Action History
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Approved by Governor-Chapter 681 (effective 1/1/21)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 11, 2020
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Impact statement from TAX (HB1407ER)
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Signed by President
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Signed by Speaker
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Enrolled
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VOTE: Adoption (56-Y 43-N)
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Senate amendment agreed to by House (56-Y 43-N)
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Placed on Calendar
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Passed Senate with amendment (21-Y 19-N)
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Finance and Appropriations with amendment (11-Y 3-N)
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Impact statement from TAX (HB1407E)
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Referred to Committee on Finance and Appropriations
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Constitutional reading dispensed
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VOTE: Passage (55-Y 43-N)
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Read third time and passed House (55-Y 43-N)
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Printed as engrossed 20105144D-E
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Engrossed by House as amended HB1407E
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Committee amendments agreed to
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Read second time
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Read first time
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Reported from Finance with amendments (16-Y 5-N)
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Subcommittee recommends reporting with amendment (7-Y 1-N)
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House committee, floor amendments and substitutes offered
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Assigned Finance sub: Subcommittee #3
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Impact statement from TAX (HB1407)
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Referred to Committee on Finance
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Prefiled and ordered printed; offered 01/08/20 20105144D
Sponsors
- Jeion A. Ward · Primary
- Karrie K. Delaney · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- Mark H. Levine · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 61 voted No
Sponsors (1)
Co-sponsors (3)
Not signed on (144)
144 members have not signed on to this bill.
Show all 144 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 43 | 0 | 1 |
| Total | 55 | 43 | 0 | 1 |
| % of votes cast | 56% | 43% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 3 | 0 | 0 |
| Total | 11 | 3 | 0 | 0 |
| % of votes cast | 79% | 21% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 43 | 0 | 2 |
| Total | 54 | 43 | 0 | 2 |
| % of votes cast | 55% | 43% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 5 | 0 | 1 |
| Total | 16 | 5 | 0 | 1 |
| % of votes cast | 73% | 23% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Ayala, Hala S. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Carter, Lee J. | — | Yea |
| Don Scott | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Gilbert, C. Todd | — | Nay |
| Heretick, Steve E. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Joseph P. McNamara | — | Nay |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Mugler, Martha M. | — | Yea |
| Murphy, Kathleen | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Poindexter, Charles D. | — | Not Voting |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 0 |
| Total | 7 | 1 | 0 | 0 |
| % of votes cast | 88% | 13% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Keam, Mark L. | — | Yea |
| Lindsey, Joseph C. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Gilbert, C. Todd | — | Nay |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 1407 do?
- Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
- Who sponsors HB 1407?
- HB 1407 is sponsored by Jeion A. Ward, Karrie K. Delaney, Elizabeth R. Guzman, and Levine, Mark H..
- What is the current status of HB 1407?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track HB 1407?
- Track HB 1407 free on One Click Politics — get push/email alerts when it moves.
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