SB 1470 — Workforce development; consolidation of policies and programs, etc.

Notwithstanding the provisions of subsection A, the Department shall, upon written request, furnish the Virginia Economic Development Partnership Authority (the Authority) such information as it may require to facilitate the administration and enforcement by the Authority of performance agreements with businesses that have received incentive awards.

Any information provided to the Authority underntsunder this subsection shall be confidential pursuant to 20 C.F.R.

Part 603 and shall only be disclosed to of 25 members of the Authority who are public officials or employees of the Authority for the performance of their official duties.

of 24 A.

Subject to the approval by each participating agency, the Virginia Longitudinal Data System and the Virginia of 25 Workforce Data Trust may develop processes to facilitate intersystem operability and communication between the two entities for research and analysis purposes.

E G.

R H.

Any person alleging a violation of this section may bring a civil action for appropriate injunctive orrelief. a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the all complainant.

LA §court 2.2-2042.rendering judgment in favor of a complainant pursuant to this subsection shall award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant.

§ 2.2-2042.

The Department shall develop a tool or process for the uniform tracking of successful jobLjob of 24 placement and job retention outcomes of workforce development program participants.

E B.

All workforce development program providers shall annually track successful job placement and job retention outcomes for workforce development program participants using the tool or processDprocess developed by the Department.

Apprenticeships.

Apprenticeships.

The agreement shall provide for not less than 2,000 hourShours of reasonably continuous employment for such person, for his participation in an approved schedule1ofschedule of work experience through employment, and for the amount of related instruction required in the 7 occupation.

E "Apprenticeable occupation" means a skilled occupation having the following characteristics:Rcharacteristics: 1.

1.

2.

It is clearly identifiable and recognized throughout an industry;

"Sponsor" means either an individual employer, a group of employers, or an association or org§organization 2.2-2044.operating an apprenticeship program and in whose name the program is registered.

§ 2.2-2044.

meetings and duties.d.duties.

All memB.members, including ex officio members, shall have voting privileges.

B.

Determine standards for apprentice agreements, which standards shall not be lower than those pre2.prescribed by this article;

2.

of 25 3.

of 24 4.

No state agency or locality shall sponsor, recognize, or establish any apprenticeship program designed to prepare individuals to engage in a career as a tradesman unless such apprenticeship program meets the requirements establishestablished in subsection C.

In accordance with standards established by the Apprenticeship Council, to establish local standards of apprenticeship regardingregarding, schedule of operations, application of wage rates, working conditions for apprentices, and the number of apprentices that shall be employed locally in the trade;

of 25 B.

Notwithstanding any provisions of Title 40.1, it shall not be an unlawful practice for an employer to fail or refuse to hire and employ any individual for any position in a registered apprenticeEhipapprenticeship program, or for any registered apprenticeship program to fail or refuse to accept or admit any individual to any registered apprenticeship program, if:

N 1.

The occupancy of such position, or access to the premises in or upon which any part of thRthe duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive Order of the President;

anduantand to or 2.

L § 2.2-2049.

E Every apprentice agreement entered into under this article shall contain:

D 2.

which4. the apprenticeship will begin and end;ess that the apprentice is to be taught and the time at 5.

A statement of the occupation or business that the apprentice is to be taught and the time at of 24 which the apprenticeship will begin and end;

5.

A statement setting forth a schedule of the processes in the occupation or industry divisSondivision in which the apprentice is to be taught and the approximate time to be spent at each process;

1 7.

A statement of the graduated scale of wages to be paid the apprentice and whether the req7iredrequired related instruction shall be compensated;

E 8.

A statement providing for a period of probation of not less than 500 hours of employment Rndand instruction extending over not less than four months, during which time the apprentice agreement shall be terminated by the Director at the request in writing of either party, and providing that after such probationary period the apprentice agreement may be terminated by the Director by mutual agreement of all parties thereto or cancelled by the Director for good and sufficient reason;utualreason; agreement 9.

9.

Contact information, including name, address, phone number, and email if appropriate, of the appropriate authority designated under the program to receive, process, and make disposition of controversies or differences arising out of the apprentice agreement when the controversies or applicabledifferences collectivecannot bargainingbe provisions;solvedadjusted locally or resolved in accordance with the established procedure or 12.applicable collective bargaining provisions;

12.

No apprentice agreement shallunder bethis signedarticle byshall thebe employer,effective oruntil approved by anthe associationDirector. of employers or anor.

Every apprentice agreement shall be signed by the employer, or by an association of employers or an organization of employees as provided in § 2.2-2052, and by the apprentice, and, if the apprentice is a minor, by the minor's father or mother, provided, that if both father and mother are dead or legally incapable of giving consent or have abandoned their children, then by the guardian of the minor.

For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this article may in the discretion of the Director be signed by an association of employers or an organization of employees instead of by an individual employer.

In such a case, the apprentice agreement shall expressly provide that the association of employers or of 25 organization of employees does not assume the obligation of an employer but agrees to use its best endeavors to procure employment and training for such apprentice with one or more employers that will accept full responsibility, as herein provided, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and employer association or employee organization during the period of each such employment.

of 24 § 2.2-2054.

Potential employers may register with the Department to create a free profile in order to gain to access to the Database for the purpose of identifying potential employees with relevant workforce skills and experience.

of 25 4.

Coordinate and conduct labor market information research services, programs, and operations, including the development, storage, retrieval, and dissemination of information on the social aEdand economic aspects of the Commonwealth, and publish data needed by employers, economic development programs, education and training entities, and government entities and for other users in the public and private sectors;

R 5.

Encourage and assist in the adoption of practical methods of vocational guidance, training, and ret6.retraining;

Establish the Interagency Migrant Worker Policy Committee (the Committee), comprised of O representatives from appropriate state agencies, including the Virginia Workers' Compensation L Commission, whose services and jurisdictions6. involve migrant and seasonal farmworkers and their employees.

Establish the Interagency Migrant Worker Policy Committee (the Committee), comprised of representatives from appropriate state agencies, including the Virginia Workers' Compensation Commission, whose services and jurisdictions involve migrant and seasonal farmworkers and their employees.

E § 2.2-2057.

Within each employment office, the Department shall post notice of the existence of a human D trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance.

The notice required by this section shall (i) be posted in a Cplace ofreadily §visible 40.1-11.3.ible and accessible to the public and (ii) meet the requirements specified in subsection C of § 2.2-2237.3.40.1-11.3.

§ 2.2-2237.3.

Within the Authority shall be created a Division of Incentives that shall be responsible for reviewing, vetting, tracking, and coordinating economic development incentives administered by Sror through the Authority and for aligning those incentives with economic development incentives of1eredoffered by other entities in the Commonwealth.

7of 24 B.

No project that includes an offer of economic development incentives by the Commonwealth,ECommonwealth, including grants or loans from the Commonwealth's Development Opportunity Fund, shall be approvRdapproved by the Governor until (i) the Division of Incentives has undertaken appropriate due diligence regarding the proposed project and the Secretary of Commerce and Trade has certified that the proposed incentives to be offered are appropriate based on the investment and job creation anticipated to be generated by the project and (ii) when required by § 30-310, the MEI Project Approval Commission has reviewed theed by the proposed incentives.

If it is determined that a business beneficiary is liable for the repayment of all or a portion of an economic development incentive awarded by the Commonwealth, the Board may refer the matter to the Office ofmicof the Attorney General pursuant to § 2.2-518.

extensionD. for an approved project to meet the investment and job creation requirements set forth in the contract or memorandum of understanding.

Notwithstanding any other provision of law, approval of the Board shall be required to grant an extension for an approved project to meet the investment and job creation requirements set forth in the contract or memorandum of understanding.

The Board shall establish a subcommittee, consisting of ex officio members of the Board authorized pursuant to § §§ 2.2-2040 and 60.2-114 and federal law to receive and review employment information received from the Virginia Employment Commission and the Department of WorkforceoymentWorkforce Development and Advancement, in order to assist the Division of Incentives with the verification of of 25 employment and wage claims of those businesses that have received incentive awards.

of 24 7.

of 25 2.

Assist the Governor in the development, implementation, and modification of any combined Etatestate plan developed pursuant to the WIOA;

N 5.

R 6.

Recommend strategies to match trained workers with available jobs to include strategies for inc7.increasing business engagement in education and workforce development;

7.

Advise and oversee the development of a strategic workforce dashboard and tools that will inform the Governor, policy makers, system stakeholders, and the public on issues such as state and reEionalregional labor market conditions, the relationship between the supply and demand for workers, workforce program outcomes, and projected employment growth or decline.

workers9. exists or is projected by the Virginia Employment Commission Department of Workforcer qualified Development and Advancement.

Determine and publish a list of jobs, trades, and professions for which high demand for qualified workers exists or is projected by the Virginia Employment Commission Department of Workforce Development and Advancement.

Such information shall be published biennially and disseminated to employerS;employers;

education and training entities, including associate-degree-granting and baccalaureate public i1stitutionsinstitutions of higher education;

government agencies, including the Department of Education and public libr7ries;libraries;

E 10.

Develop pay-for-performance contract strategy incentives for rapid reemployment servicesRservices consistent with the WIOA as an alternative model to traditional programs;

Conduct a review of budgets, which shall be submitted annually to the Board by each agency conducting federal and state funded career and technical and adult education and workforce development programs, that identify the agency's sources and expenditures of administrative, workforce education and of 24 training, and support services for workforce development programs;

Create quality standards, guidelines, and directives applicable to local workforce development boards and the operation of one-stops, as necessary and appropriate to carry out the purposes of this article;

andhe operation of one-stops, as necessary and appropriate to carry out the purposes of this 16.

The Board, the Secretary of Labor, and the Governor's other Cabinet Secretaries shall assist the Governor in complying with the provisions of the WIOA and ensuring the coordination and effectiveness of all federal and state funded career and technical and adult education and workforce devD.development programs and providers within Virginia's Workforce System.

D.

preparation of the annual developmentreport of a statewide system of one-stop centers that provide comprehensive workforce services to employers,the employees,U.S. and job seekers.

Secretary of 25Labor; The Board shall share information regarding its meetings and activities with the public.

development of a statewide employment statistics system;

and development of a statewide system of one-stop centers that provide comprehensive workforce services to employers, employees, and job seekers.

The Board shall share information regarding its meetings and activities with the public.

of 24 H.

Workforce development activities or work programs authorized under the Food Stamp Act of 1977 (7 U.S.C.

Each local workforce development board shall share of 25 information regarding its meetings and activities with the public.

For the purposes of implementing the WIOA, income from service in the Virginia National GEardGuard shall not disqualify unemployed service members from WIOA-related services.

R § 2.2-3711.

A.

Public bodies may hold closed meetings only for the following purposes:

Any teacher shall be permitted to be preEentpresent during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the appropriate board.

Nothing in this subdivision, however, shall be construed to authorize a closed meeting by a local governing body boardor collectively.lan elected school board to discuss compensation matters that affect the membership of such body or 2.board collectively.

2.

However,SanyHowever, any such student, legal counsel and, if the student is a minor, the student's parents or legal guar1iansguardians shall be permitted to be present during the taking of testimony or presentation of evidence at a clos7dclosed meeting, if such student, parents, or guardians so request in writing and such request is submiEtedsubmitted to the presiding officer of the appropriate board.

R 3.

Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the4.the bargaining position or negotiating strategy of the public body.

4.

of 24 7.

Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the litigation"negotiating means litigation that has been specifically threatened or onlitigating whichposture of the public bodybody. or its legal counsel has a reasonable basis to believe will be commenced by or against a known party.

For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party.

Discussion or consideration by governing boards of public institutions of higher education of matters relating to gifts, bequests and fund-raising activities, and of grants and contracts for services or work to be performed by such institution.

However, the terms and conditions of any such gifts, bequests,sbequests, or grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in the Commonwealth shall be subject to public disclosure upon written request to the appropriate board of visitors.

For the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or a political subdivision thereof, (ii) "foreign legal entity" means any legal entity (a) created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities or (b) created under the laws of a foreign government, and (iii) "foreign person" means any individual who is not a cit10.citizen or national of the United States or a trust territory or protectorate thereof.

Discussion10. or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, of 25 and The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private sources.

Discussion or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private sources.

of 24 20.

Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review Team established pursuant to § 32.1-283.1, those portions of meetings in which individual child death cases are discussed by a regional or local child fatality review team established pursuant to § 32.1-283.2, those portions of meetings in which individual death cases are discussed by family violence fatality review teams established pursuant to § 32.1-283.3, those portions of meetings in of 25 which individual adult death cases are discussed by the state Adult Fatality Review Team established pursuant to § 32.1-283.5, those portions of meetings in which individual adult death cases are Eiscusseddiscussed by a local or regional adult fatality review team established pursuant to § 32.1-283.6, those portions of meetings in which individual death cases are discussed by overdose fatality review teams established pursuant to § 32.1-283.7, those portions of meetings in which individual maternal death cases aReare discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of meetings in which individual death cases of persons with developmental disabilities are discussed by the Developmental Disabilities Mortality Review Committee established pursuant to § 37.2-314.1.cussOd37.2-314.1. by the 22.

Those22. portions of meetings of the board of visitors of the University of Virginia or the Eastern Virginia Medical School Board of Visitors, as the case may be, and those portions of meetings of any persons to whom management responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, have been delegated, in which there is discussed E proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or Eastern Virginia Medical School, as the case information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.

Those portions of meetings of the board of visitors of the University of Virginia or the Eastern Virginia Medical School Board of Visitors, as the case may be, and those portions of meetings of any persons to whom management responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, have been delegated, in which there is discussed proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.

the acquiSitionacquisition or disposition by the Authority of real property, equipment, or technology software or hardware an1and related goods or services, where disclosure would adversely affect the bargaining position or negotiati7gnegotiating strategy of the Authority;

matters relating to gifts or bequests to, and fund-raising activitieEactivities of, the Authority;

marketinRmarketing or operational strategies plans of the Authority where disclosure of such strategies or plans would adversely affect the competitive position of the Authority;

and members of the Authority's medical and teaching sta24.staffs and qualifications for appointments thereto.

24.

Discussion or consideration, by the former Wireless Carrier E-911 Cost Recovery Subcommittee §created 56-484.12,pursuant related to theformer provision§ 56-484.15, of wirelesstrade E-911secrets service.edsubmitted by CMRS providers, as defined in 27.§ 56-484.12, related to the provision of wireless E-911 service.

Those27. portions of disciplinary proceedings by any regulatory board within the Department of Professional and Occupational Regulation, Department of Health Professions, or the Board of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued board orders as requested by either of the parties.

Those portions of disciplinary proceedings by any regulatory board within the Department of Professional and Occupational Regulation, Department of Health Professions, or the Board of of 24 Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued board orders as requested by either of the parties.

Discussion or consideration of information subject to the exclusion in subdivision 11 of § 2.2-3705.6 by a responsible public entity or an affected locality or public entity, as those terms are responsibledefined publicin entity§ concerning33.2-1800, suchor records.panelany independent review panel appointed to review information and advise the 29.responsible public entity concerning such records.

29.

and32. held by a local public body providing certain telecommunication services or cable television services and subject to the exclusion in subdivision 18 of § 2.2-3705.6.

However,Discussion theor exemptionconsideration providedof confidential proprietary information and trade secrets developed and held by thisa oflocal 25public subdivisionbody shallproviding notcertain applytelecommunication toservices anyor authoritycable createdtelevision pursuantservices and subject to the BVUexclusion Authorityin Actsubdivision (§18 15.2-7200of et§ seq.).2.2-3705.6.

However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).

of 24 45.

Discussion or consideration of (i) individual sexual assault cases by a sexual assault response team established pursuant to § 15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses of 25 involving a child by a child sexual abuse response team established pursuant to § 15.2-1627.5, or (iii) individual cases involving abuse, neglect, or exploitation of adults as defined in § 63.2-1603 Eursuantpursuant to §§ 15.2-1627.5 and 63.2-1605.

Discussion or consideration by the Board of the Virginia Economic Development Partnership Authority, the Joint Legislative Audit and Review Commission, or any subcommittees thereof, of Rhethe portions of the strategic plan, marketing plan, or operational plan exempt from disclosure pursuant to sub51.subdivision 33 of § 2.2-3705.7.

Those51. portions of meetings of the subcommittee of the Board of the Virginia Economic O Development Partnership Authority established pursuant to subsection F of § 2.2-2237.3 to review and discuss information received from the Virginia Employment Commission pursuant to subdivision C 2 of § 60.2-114 and the Department of Workforce Development and Advancement pursuant to subsection B of § 2.2-2040.

EThose 52.portions of meetings of the subcommittee of the Board of the Virginia Economic Development Partnership Authority established pursuant to subsection F of § 2.2-2237.3 to review and discuss information received from the Virginia Employment Commission pursuant to subdivision C 2 of § 60.2-114 and the Department of Workforce Development and Advancement pursuant to subsection B of § 2.2-2040.

52.

Deliberations of the Virginia Lottery Board conducted pursuant to § 58.1-4105 regarding the denial or revocation of a license of a casino gaming operator, or the refusal to issue, suspension of, or revocation of any license or permit related to casino gaming, and discussion, consideration, or review of matters related to investigations excluded from mandatory disclosure under subdivision 1 of § 2.2-3705.3.

Deliberations of the Virginia Lottery Board in an appeal conducted pursuant to § 58.1-40S758.1-4007 regarding the denial of, revocation of, suspension of, or refusal to renew any license or permi1permit related to sports betting and any discussion, consideration, or review of matters related to investigation7investigations excluded from mandatory disclosure under subdivision 1 of § 2.2-3705.3.

E B.

No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed Roto in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motC.motion that shall have its substance reasonably identified in the open meeting.

C.

This section shall not be construed to (i) require the disclosure of any contract between the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies.

"Domestic worker" means an individual who is compensated directly or indirectly for the performance of services of a household nature performed in or about a private home, including services of 24 performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use.

"Employer" means a person employing (i) 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person or (ii) on the basis of race, color, religion, national origin, military status, sex, sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical conditions including of 25 lactation, "employer" means any person employing more than five persons or one or more domestic workersworkers. and (b) for purposes of unlawful discharge under subdivision B 1 on the basis of age, "employer" means any employer employing more than five but fewer than 20 persons.

However, (a) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, national origin, military status, sex, sexual orientation, gender identity, marital status, disability, pregnancy, or childbirth or related medical conditions including lactation, "employer" means any person employing more than five persons or one or more domestic workers and (b) for purposes of unlawful discharge under subdivision B 1 on the basis of age, "employer" means any employer employing more than five but fewer than 20 persons.

An employer, in connection with the selection or referral of applicants or candidates for of 24 employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin.

(i) An employer to discriminate against any employees or applicants for employment, (ii) an employment agency or a joint apprenticeship committee controlling an apprenticeship or other training program to discriminate against any individual, or (iii) a labor organization to discriminate against any of 25 member thereof or applicant for membership because such individual has opposed any practice made an unlawful discriminatory practice by this chapter or because such individual has made a charge, Eestified,testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

An employer, labor organization, employment agency, or joint apprenticeship committee N controlling an apprenticeship or other training program to print or publish, or cause to be priRtedprinted or published, any notice or advertisement relating to (i) employment by such an employer, (ii) membership in or any classification or referral for employment by such a labor organization, (iii) any classification or referral for employment by such an employment agency, or (iv) admission to, or employment in, anyificationany or program established to provide apprenticeship or other training by such a joint apprenticeship committee that indicates any preference, limitation, specification, or discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin, except that such a notice or Edvertisementadvertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, age, or national origin when religion, sex, age, or national origin is a bona fide occupational qualification for employment.

for1. employment, any individual;

For (i) an employer to hire and employ employees;

(ii) an employment agency to classify, or refer for employment, any individual;

or (iv) an employer, labor organization, or joint apprenticeship committee to admit or employ any individual in any apprenticeship or other training program on the basis of such individual's religion, sex, or age in those certain instances where religion, sexSsex, or age is a bona fide occupational qualification reasonably necessary to the normal operation of that parti1ularparticular employer, employment agency, labor organization, or joint apprenticeship committee;

7 2.

For an elementary or secondary school or institution of higher education to hire and emplEyemploy employees of a particular religion if such elementary or secondary school or institution of higRerhigher education is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society or if the curriculum of such particularelementary religion;aryor secondary school or institution of higher education is directed toward the propagation of a 3.particular religion;

3.

For an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or an action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin;

organization,D. or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of such individual's or group's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, any community.ldbirth or related medical conditions, age, military status, disability, or national origin in E.

TheNothing provisionsin of this sectionchapter shall notbe applyconstrued to therequire any employer, employment agency, labor organization, or joint apprenticeship committee to grant preferential treatment to any individual or to any group because of individualssuch individual's or group's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin on account of aan particularimbalance that may exist with respect to the total number or percentage of 25persons religionof any race, color, religion, sex, sexual orientation, gender identity, marital of 24 status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin employed by aany religiousemployer, corporation,referred association,or educationalclassified institution,for employment by any employment agency or societylabor organization, admitted to performmembership workor associatedclassified by any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with itsthe activities.total number or percentage of persons of such race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, military status, disability, or national origin in any community.

E.

The provisions of this section shall not apply to the employment of individuals of a particular religion by a religious corporation, association, educational institution, or society to perform work associated with its activities.

or in any hospital, nursing home, clinic, or other establishment providing care for resident patients as a laboratory helper, therapist, of 24 orderly, or nurse's aide;

Children 14 years of age or more may be engaged in office work of a clerical nature in bona fide office rooms in the above types of of 25 establishments.

or in any outdoor theater, cabaret, carnivEl,carnival, fair, floor show, pool hall, club, or roadhouse;

Children 14 years of age or more may be employed by dry cleaning or laundry establishments in branch stores where no processing is done on the premises, and in hospitals, nursing homes, andRclinicsand clinics where they may be engaged in kitchen work, tray service or room and hall cleaning.

Children 14 years of age or more may be employed in bowling alleys completely equipped with automatic pin setters, but not in or about such machines, and in soda fountains, restaurants and hotel and motel food serviceutservice departments.

Children 14 years of age or more may work as gatekeepers and in concessions at L swimming pools and may be employed by concessionaires operating on beaches where their duties and work pertain to the handling and distribution of beach chairs, umbrellas, floats and other similar or related beach equipment.

E D.

as2. a helper on a truck or commercial vehicle in their employment, while engaged in such workm work exclusively on a farm, in a garden or in an orchard;

Children age 14 years or older employed on farms, in gardens or in orchards may perform work as a helper on a truck or commercial vehicle in their employment, while engaged in such work exclusively on a farm, in a garden or in an orchard;

however, any such child shall not enter a burning structure or a structure which contains burniSgburning materials prior to obtaining certification under National Fire Protection Association 1001, lev1llevel one, fire fighter standards, pursuant to the provisions of clause (i) of subsection A of § 40.1-79.1, exc7ptexcept where entry into a structure that contains burning materials is during training necessary to attain cErtificationcertification under National Fire Protection Association 1001, level one, firefighter standards, as administeRedadministered by the Department of Fire Programs.

A.

The provisions of this chapter shall not apply to:

provide6. construction or installation services;

Any material supplier who renders advice concerning use of products sold and who does not 7.provide construction or installation services;

7.

owned10. by him that are subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 etits seq.);

Any person who performs or supervises the repair or improvement of residential dwelling units owned by him that are subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.);

Work undertaken by students as part of a career and technical education project as defined in § 22.1-228 established by any school board in accordance with Article 5 (§ 22.1-228 et seq.) of Chapter 13 of Title 22.1 for the construction of portable classrooms or single family homes;

(i)14. a student in good standing and enrolled in a public or private institution of higher education, (ii) a student enrolled in a career training or technical education program, or (iii) an apprentice as defined in § of 25 40.1-120 2.2-2043;

Any person who is performing work directly under the supervision of a licensed contractor and is of 24 (i) a student in good standing and enrolled in a public or private institution of higher education, (ii) a student enrolled in a career training or technical education program, or (iii) an apprentice as defined in § 40.1-120 2.2-2043;

of 25 1.

Develop specific strategies or steps the Commission will take to modify staffing levels in response of 24 to incidents that increase UI program demand.

These strategies or steps shall (i) include a staEfingstaffing plan for varying levels of UI workload volume, (ii) cover several scenarios that may affect UI assistance services, (iii) explain how existing staff would be reallocated to high-priority functions in response to high demand, and (iv) describe how the Commission's hiring process will be streamlined to fill Reykey vacant positions such as adjudication and appeals staff.

processes2. in response to high demands on its services.ion will take to modify policies, proceduOes, or 3.

Develop specific strategies or steps the Commission will take to modify policies, procedures, or processes in response to high demands on its services.

3.

L 4.

Outline a strategy for clearly communicating important UI information to Commission staffEstaff, the public, and the General Assembly.

This policy shall detail how prioritization may change in response to claims volume and state that the policy of the Commission is to generally prioritize resolving older claims before newer cla6.claims.

6.

The Commissioner, in his discretion, is hereby authorized to appoint a Board of Review S consisting of three members, one of whom shall be designated chairman for a term of six years.

1heThe terms of the members first taking office shall be two, four, and six years, respectively, as de7ignateddesignated by the Commissioner at the time of the appointment.

Vacancies shall be filled by appointment by thEthe Commissioner for the unexpired term.

During his term of membership on the Board no member shallRshall serve as an officer or committee member of any political organization.

The Commission shall furnish the Board thesuch Boardstenographic and allclerical necessaryassistance expensesas for the operationBoard thereofmay shallrequire. be paid out of the administrative fund provided for in §§ 60.2-306 through 60.2-309, 60.2-307, and 60.2-308 and §§ 60.2-311 through, 60.2-312, and 60.2-313.

All compensation of the members of the Board and all necessary expenses for the operation thereof shall be paid out of the administrative fund provided for in §§ 60.2-306 through 60.2-309, 60.2-307, and 60.2-308 and §§ 60.2-311 through, 60.2-312, and 60.2-313.

It shall have the same powers and perform the same functions vested in the Commission in this title for review of decisions by an appeal tribunal, including the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, disputedcorrespondence, claims.memorandamemoranda and other records deemed necessary as evidence in connection with 2.disputed claims.

2.

The Commission may issue such regulations as it deems necessary for the procedure of the Board Commissioner,in the Commissionconduct shallof haveits nohearings. jurisdiction under § 60.2-622.

During the time the Board is organized under authority of the Commissioner, the Commission shall have no jurisdiction under § 60.2-622.

Within the time specified in § 60.2-625 the Commission, or any party to the proceedings before the Board, may obtain judicial review by filing in the circuit court of the county or city in which the individual who filed the claim was last employed, in the Commonwealth, a petition for review of such Thedecision. Commission shall be deemed to be a party to any such proceeding.

TheIn petitionany needsuch notproceeding beondent.any other party to the proceeding shall be made a party respondent.

verified.The Commission shall be deemed to be a party to any such proceeding.

AThe copy of such petition shallneed not be servedverified. upon the Commission and each party to the proceeding of 25 held before the Board at least thirty days prior to the placing of the petition upon the docket.

A copy of such petition shall be served upon the Commission and each party to the proceeding held before the Board at least thirty days prior to the placing of the petition upon the docket.

The Commission shall file along with its petition or answer a certified copy of the record of the case, including all documents and papers and a transcript of all testimony taken in the matter, together with of 24 the Board's findings, conclusions and decision therein.

(i) the Workforce Innovation and Opportunity Act of 2014 (P.L.

That the regulations of the Virginia Community College System, the Virginia Employment Commission, and the Department of Labor and Industry relating to any program, service, or function be transferred to the Department of Workforce Development and Advancement (the Department), established pursuant to § 2.2-2035 of the Code of Virginia, as created by this act, and shall be administered by the Department and shall remain in full force and effect until the of 25 Department promulgates regulations pursuant to this act.

That the first report required pursuant to subdivision A 16 of § 2.2-2472 of the Code of EVirginia, as amended by this act, shall be submitted to the Governor and the General Assembly no later than December 1, 2025.

act, shall be submitted to the Governor and the General Assembly nN 9.

That the Secretary of Labor shall conduct a comprehensive review of the Commonwealth's workforce development programs and provide recommendations to address a wide range of R subjects relating to improving the effectiveness and efficiency of such programs, including (i)Othe(i) the of 24 adequacy of collaboration among such programs;

(ii) the organization, powers, and duties of theLthe Department of Workforce Development and Advancement, established pursuant to § 2.2-2035 of boardsthe andCode theof geographicVirginia, areasas servedcreated by suchthis boards;act;

and(iii) (iv) the properoperations role of the VirginiaLmentlocal Communityworkforce Collegeinvestment Systemboards inand supportingthe workforcegeographic developmentareas efforts.served by such boards;

Theand Secretary(iv) ofthe Laborproper Erole shallof submit a preliminary report to the GovernorVirginia andCommunity theCollege GeneralSystem Assemblyin bysupporting Novemberworkforce 30,development 2023.efforts.

The finalSecretary reportof Labor shall besubmit submitteda preliminary report to the Governor and the General Assembly by JuneNovember 30, D2023. 2025.

The final report shall be submitted to the Governor and the General Assembly by June 30, 2025.

That the Secretary of Labor shall work with the Office of Data Governance and Analytics to technology.tingassess existing data systems to identify system redundancies and a solution for a proposed "hub" 11.technology.

That11. the Secretary of Labor (the Secretary) shall convene a stakeholder work group consisting of two members of the House of Delegates appointed by the Speaker of the House of Delegates, two members of the Senate of Virginia appointed by the Senate Committee on Rules, S representatives from the agencies affected by the transfer of programs pursuant to this act, lo1al workforce boards, the business community, and labor organizations, and any other representative7 program transition period from July 1, 2023, through September 30, 2024.

TheThat the Secretary shallof ELabor provide(the Secretary) shall convene a progressstakeholder reportwork ongroup theconsisting outcomesof two members of the workgroup,House of Delegates appointed by the progressSpeaker of the transition,House theRof currentDelegates, andtwo expectedmembers costsof the Senate of transition,Virginia andappointed by the expectedSenate ongoingCommittee operationalon costsRules, ofrepresentatives from the Departmentagencies quarterlyaffected by the transfer of programs pursuant to this act, local workforce boards, the Governorbusiness community, and labor organizations, and any other representatives deemed appropriate by the GeneralSecretary, Assembly.for the purpose of advising the Secretary during the program transition period from July 1, 2023, through September 30, 2024.

The Secretary shall provide a progress report on the outcomes of the work group, the progress of the transition, the current and expected costs of transition, and the expected ongoing operational costs of the Department quarterly to the Governor and the General Assembly.

That, to the extent practicable, the Director of the Department of Workforce Development and Advancement (the Department), established pursuant to § 2.2-2035 of the Code of Virginia, as created by this act, or the Governance Council of the Workforce Data Trust may enter into a research agreement with the Office of Education and Labor Market Alignment on or before December 1, 2023, for the purposes of assisting the Governor, the Department, the Virginia Board of Workforce Development, and the General Assembly with research on the outcomes and performance of Virginia's workforce programs and their alignment to Virginia's labor market.