Misclassification of workers; cause of action.
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HB 984 — Misclassification of workers; cause of action.
Last action — Approved by Governor-Chapter 203 (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 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 07, 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 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
Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. This bill is identical to SB 894.
Bill Text
What changed in the latest version
20 added · 13 removedPlain-language change summary
The amendment to Bill HB 984 adds clarification regarding the misclassification of workers, specifically emphasizing that an employer can be held accountable if they knew about the misclassification. It also confirms that a representative of the affected individual may take legal action on their behalf. This change is significant because it strengthens protections for workers, ensuring they can seek compensation for lost wages and benefits when wrongly classified as non-employees.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 203 An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the misclassification of workers;
[H 984] Approved March 10, 2020 Be it enacted by the General Assembly of Virginia:
Action History
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Approved by Governor-Chapter 203 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., March 10, 2020
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Enrolled Bill communicated to Governor on March 3, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB984ER)
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Enrolled
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Passed Senate (22-Y 18-N)
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Read third time
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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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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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Impact statement from DPB (HB984)
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VOTE: Passage (69-Y 30-N)
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Read third time and passed House (69-Y 30-N)
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Read second time and engrossed
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Read first time
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Reported from Labor and Commerce (19-Y 3-N)
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Subcommittee recommends reporting (6-Y 0-N)
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Assigned L & C sub: Subcommittee #1
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/08/20 20105116D
Sponsors
- Karrie K. Delaney · Primary
- Alfonso H. Lopez · Cosponsor
- Elizabeth R. Guzman · Cosponsor
- Mark H. Levine · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 144 not signed on · 47 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 | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 30 | 0 | 1 |
| Total | 68 | 30 | 0 | 1 |
| % of votes cast | 69% | 30% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 3 | 0 | 0 |
| Total | 19 | 3 | 0 | 0 |
| % of votes cast | 86% | 14% | 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 | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Nay |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 3 |
| Total | 6 | 0 | 0 | 3 |
| % of votes cast | 67% | 0% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Kory, Kaye | — | Not Voting |
| Mullin, Michael P. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Ransone, Margaret B. | — | Not Voting |
| Elizabeth R. Guzman | — | Yea |
| Jeion A. Ward | — | Not Voting |
| Lamont Bagby | — | Yea |
| R. Lee Ware | — | Yea |
| Tony O. Wilt | — | Yea |
Subjects
Frequently asked questions
- What does HB 984 do?
- Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. This bill is identical to SB 894.
- Who sponsors HB 984?
- HB 984 is sponsored by Karrie K. Delaney, Alfonso H. Lopez, Elizabeth R. Guzman, and Levine, Mark H..
- What is the current status of HB 984?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 984?
- Track HB 984 free on One Click Politics — get push/email alerts when it moves.
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