Minimum wage; pay based on work done.
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SB 78 — Minimum wage; pay based on work done.
Last action — Approved by Governor-Chapter 1146 (effective 7/1/20)
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 Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 25, 2019. 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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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 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
Minimum wage; pay based on work done. Eliminatesthe exemption to Virginia's minimum wage requirements for personswho normally work and are paid based on the amount of work done.
Bill Text
What changed in the latest version
7 added · 166 removedPlain-language change summary
The recent amendments to SB 78 include the addition of instructions for users who encounter errors on the legislative information site, directing them to reload the page or contact the help desk for immediate assistance. This change enhances accessibility and support for users navigating the site, ensuring they can get timely help if they face issues. Meanwhile, a significant portion of the bill has been removed, likely aiming to streamline the document and focus on more relevant details. This simplification can help make the bill easier to understand and follow for both legislators and the public.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the Virginia Minimum Wage Act;
employees paid on the amount of work done.
[S 78] Approved Be it enacted by the General Assembly of Virginia:
1.
That § 40.1-28.9 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-28.9.
Definitions;
determining wage of tipped employee.
A.
As used in this article:
"Employee" includes any individual employed by an employer, except the following:
1.
Any person employed as a farm laborer or farm employee;
2.
Any person employed in domestic service or in or about a private home or in an eleemosynary institution primarily supported by public funds;
3.
Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist, or where the services rendered to such organizations are organization is on a voluntary basis;
4.
Caddies on golf courses;
5.
Traveling salesmen or outside salesmen working on a commission basis;
taxicab drivers and operators;
6.
Any person under the age of 18 in the employ of his father, mother parent or legal guardian;
7.
Any person confined in any penal or corrective institution of the State Commonwealth or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services;
8.
Any person employed by a summer camp for boys, girls, or both boys and girls;
9.
Any person under the age of 16, regardless of by whom employed;
10.
Any person who normally works and is paid based on the amount of work done;
11.
Any person whose employment is covered by the Fair Labor Standards Act of 1938, as amended;
Show all 68 changed lines (28 more)
12.
11.
Any person whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability;
13.
12.
Students participating in a bona fide educational program;
14.
13.
Any person employed by an employer who that does not have four or more persons employed at any one time;, provided that husbands, wives the spouse, sons, daughters children, and parents of the an individual employer shall not be counted in determining the number of persons employed;
15.
14.
Any person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week;
16.
15.
Any person of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he or she is enrolled as a student;
17.
16.
Any person who is less than 18 years of age and who is under the jurisdiction and direction of a juvenile and domestic relations district court;
or 18.
17.
Any person who works as a babysitter for fewer than 10 hours per week.
"Employer" includes any individual, partnership, association, corporation, or business trust, or any person or groups group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
"Wages" means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value;
provided, wages may include.
"Wages" includes the reasonable cost to the employer of furnishing meals and for lodging to an employee, if such board or lodging is customarily furnished by the employer, and used by the employee.
B.
In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer.
In such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount.
Show all 68 changed rows (28 more)
Action History
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Approved by Governor-Chapter 1146 (effective 7/1/20)
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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 12, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (SB78ER)
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Enrolled
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VOTE: Passage (55-Y 45-N)
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Passed House (55-Y 45-N)
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Read third time
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Read second time
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Reported from Labor and Commerce (13-Y 9-N)
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Referred to Committee on Labor and Commerce
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Read first time
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Placed on Calendar
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Passed Senate (23-Y 17-N)
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Constitutional reading dispensed (40-Y 0-N)
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Read second time and engrossed
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Commerce and Labor (12-Y 3-N)
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Impact statement from DPB (SB78)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/08/20 20101357D
Sponsors
- Jennifer B. Boysko · Cosponsor
- Kaye Kory · Cosponsor
- Janet D. Howell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 59 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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 | 54 | 45 | 0 | 0 |
| Total | 54 | 45 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Ayala, Hala S. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Christopher T. Head | — | Nay |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Jeion A. Ward | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Nay |
| Michael J. Webert | — | Nay |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Tony O. Wilt | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 17 | 0 | 0 |
| Total | 23 | 17 | 0 | 0 |
| % of votes cast | 58% | 43% | 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 | 12 | 3 | 0 | 0 |
| Total | 12 | 3 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 78 do?
- Minimum wage; pay based on work done. Eliminatesthe exemption to Virginia's minimum wage requirements for personswho normally work and are paid based on the amount of work done.
- Who sponsors SB 78?
- SB 78 is sponsored by Jennifer B. Boysko, Kory, Kaye, and Howell, Janet D..
- What is the current status of SB 78?
- This bill has been enacted into law. Introduced November 25, 2019. Enacted.
- Where can I track SB 78?
- Track SB 78 free on One Click Politics — get push/email alerts when it moves.
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