Virginia 2024 Regular Session Status: Enacted

SB 494 — Live-in domestic workers; overtime pay for certain employees.

Last action — Passed by for the day

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 07, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • 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

Overtime for certain employees; live-in domesticworkers. Adds individuals who are employed in domestic servicein a household and reside in such household to provisions relatedto overtime pay.

Bill Text

What changed in the latest version

31 added · 36 removed

Plain-language change summary

The updated version of SB 494 now specifies that certain overtime provisions apply to live-in domestic workers in Virginia, defined as individuals employed in domestic service who also reside in the household. This change is significant because it establishes legal protections for these workers, ensuring they receive overtime pay for hours worked beyond 40 in a week. Furthermore, the revised bill clarifies the calculation of overtime wages, making it easier for affected employees to understand their rights and seek compensation if owed. Overall, these amendments aim to enhance worker protections and address the unique circumstances faced by live-in domestic workers.

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Latest
SESSION INTRODUCED 24103660D I Offered January 10, 2024 N Prefiled January 9, 2024 A BILL to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees;
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees;
R –––––––––– O Patrons––Aird;
R O Approved [S 494] L Be it enacted by the General Assembly of Virginia:
Delegate:
L 1.
Price –––––––––– D Referred to Com––––––––––Commerce and Labor U Be it enacted by the General Assembly of Virginia:
1.
C § 40.1-29.3.
E § 40.1-29.3.
E A.
D "Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C.
As used in this section:
§ 181 et seq.
"Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S"Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.
"Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.
B.
one-half times the employee's regular rate for any hours worked by an employee in excess of 40 hours in any one workweek.
An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee's regular rate for any hours worked by an employee in excess of 40 hours pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C.
An employee's regular rate shall be calculated as the employee's hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amountE that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C.
C.
employee may bring an action against the employer in a court of competent jurisdiction to recoverthe payment of the overtime wages, and the court shall award the overtime wages owed, an additional equal amount as liquidated damages, and reasonable attorney fees and costs;
If an employer fails to pay overtime wages to an employee in accordance with this section, the employee may bring an action against the employer in a court of competent jurisdiction to recover amount as liquidated damages, and reasonable attorney fees and costs;
however, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the amount of the unpaid overtime wages.no liquidated damages or award any amount thereof not to exceed D.
however, if the employer showsl to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court may, in its discretion, award no liquidated damages or award any amount thereof not to exceed 34 the amount of the unpaid overtime wages.
An action under this section shall be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.
35 D.
An action under this section shall be commenced within two years after the cause of action 37 years after the cause of action accrued.rising out of a willful violation may be commenced within three 2
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Action History

  1. Passed by for the day

  2. Vetoed by Governor

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB494ER)

  8. Bill text as passed Senate and House (SB494ER)

  9. Enrolled

  10. VOTE: Passage (52-Y 44-N)

  11. Passed House (52-Y 44-N)

  12. Read third time

  13. Read second time

  14. Reported from Labor and Commerce (14-Y 7-N)

  15. Subcommittee recommends reporting (5-Y 3-N)

  16. Assigned L & C sub: Subcommittee #2

  17. Referred to Committee on Labor and Commerce

  18. Read first time

  19. Placed on Calendar

  20. Read third time and passed Senate (27-Y 13-N)

  21. Read second time and engrossed

  22. Constitutional reading dispensed (40-Y 0-N)

  23. Reported from Finance and Appropriations (10-Y 5-N)

  24. Impact statement from DPB (SB494)

  25. Rereferred to Finance and Appropriations

  26. Reported from Commerce and Labor (12-Y 3-N)

  27. Referred to Committee on Commerce and Labor

  28. Prefiled and ordered printed; offered 01/10/24 24103660D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 59 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Passage (52-Y 44-N)

Passed 51 Yea · 44 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 514404
Total 514404
% of votes cast 52%44%0%4%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Not Voting
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Not Voting
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Not Voting
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Reported from Labor and Commerce (14-Y 7-N)

Passed 14 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14701
Total 14701
% of votes cast 64%32%0%5%
How each member voted (22)
Member Party Vote
Alfonso H. Lopez — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Dan I. Helmer — Yea
Gilbert, C. Todd — Nay
Irene Shin — Not Voting
Israel D. O'Quinn — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
LeVere Bolling, Destiny — Yea
Maldonado, Michelle Lopes — Yea
Marshall, Daniel W., III — Nay
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mundon King, Candi — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Nay
Tony O. Wilt — Yea
Wren M. Williams — Nay

Official roll call →

Read third time and passed Senate (27-Y 13-N)

Passed 27 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 271300
Total 271300
% of votes cast 68%33%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Nay
Christopher T. Head — Nay
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Nay
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Nay
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Yea
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Nay
Tammy Brankley Mulchi — Nay
Tara A. Durant — Yea
Timmy French — Nay
Todd E. Pillion — Nay
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (10-Y 5-N)

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10500
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
Barbara A. Favola — Yea
Bryce E. Reeves — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
Todd E. Pillion — Nay

Official roll call →

Reported from Commerce and Labor (12-Y 3-N)

Passed 12 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12300
Total 12300
% of votes cast 80%20%0%0%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

labor
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Frequently asked questions

What does SB 494 do?
Overtime for certain employees; live-in domesticworkers. Adds individuals who are employed in domestic servicein a household and reside in such household to provisions relatedto overtime pay.
Who sponsors SB 494?
SB 494 is sponsored by Lashrecse D. Aird and Marcia S. "Cia" Price.
What is the current status of SB 494?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 494?
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