Virginia 2027 Regular Session Status: Passed House Of Delegates

HB 339 — Employee protections; wage and hour, health and safety, and mining safety provisions.

Last action — Continued from last session

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

This bill has passed the House of Delegates. Introduced January 12, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 36% · moderate confidence

  • Passed House of Delegates

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill maintains state regulations if federal employee protections are weakened.

This legislation ensures that if federal wage, health, or mine safety laws are made less strict, Virginia will keep existing state protections in place. It mandates that state authorities replicate the prior federal standards to safeguard employees.

What this means for you
  • Workers: If you’re a worker, this bill helps ensure that your protections remain strong even if federal laws change.

Summary

Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.

Bill Text

What changed in the latest version

32 added · 29 removed

Plain-language change summary

The recent amendments to Bill HB 339 include a restructuring of the membership for the Board overseeing health and safety in various industries. Importantly, the board now explicitly includes members to represent both labor and employers from the manufacturing and construction sectors, ensuring a balanced perspective on safety regulations. It also emphasizes that the board will meet at least once every six months to discuss and advise on safety standards, which helps ensure ongoing oversight and responsiveness to industry needs. These changes are significant because they promote a collaborative approach to workplace safety and better align state standards with federal regulations.

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+ 2027 SESSION + + HOUSE SUBSTITUTE + + 26105908D HOUSE BILL NO.
OFFERED FOR CONSIDERATION 1/22/2026 + + + + + + + + HOUSE BILL NO.
339 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Labor and Commerce on ________________) (Patron Prior to Substitute—Delegate Lopez) A BILL to amend and reenact § 40.1-22 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 40.1-22.2 and 45.2-502.1, relating to employee protections;
339 + + AMENDMENT IN THE NATURE OF A SUBSTITUTE + (Proposed by the House Committee on Labor and Commerce + + + on ________________) + + (Patron Prior to Substitute—Delegate Lopez) + A BILL to amend and reenact § 40.1-22 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 40.1-22.2 and 45.2-502.1, relating to employee protections;
The Board shall consist of fourteen members, twelve of whom shall be appointed H by the Governor.
The Board shall consist of fourteen members, twelve of whom shall be appointed by the Governor.
one member shall, by reason of previous vocation, U employment or affiliation, be chosen to represent labor in the construction industry;
one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent labor in the construction industry;
one member shall, Sy reason of previous vocation, employment or affiliation, be chosen to represent industrial employers;
one member shall, by reason of previous vocation, employment or affiliation, be chosen to represent industrial employers;
one member shall be a E representative of agricultural employers;
one member shall be a representative of agricultural employers;
one member shall be aS representative of an insurance company;
one member shall be a representative of an insurance company;
one member shall Be an industrial representative knowledgeable in chemical and toxic substances, and the Director of the Department of Environmental Quality or his duly authorized representative shall be a member ex officio with full membership status.
one member shall be an industrial representative knowledgeable in chemical and toxic substances, and the Director of the Department of Environmental Quality or his duly authorized representative shall be a member ex officio with full membership status.
The Commissioner of Health or his duly authorized representative shall also be aT member ex officio with full membership status.
The Commissioner of Health or his duly authorized representative shall also be a member ex officio with full membership status.
one for a term of four years, one for a T term of three years, one for a term of two years, and one for a term of one year.
one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year.
Of the members appointed to represent the construction industry, one shall be appointed for the term of two years and one shall be U appointed for the term of four years.
Of the members appointed to represent the construction industry, one shall be appointed for the term of two years and one shall be DRAFT OFFERED FOR CONSIDERATION 1/22/2026 appointed for the term of four years.
T (3) C.
(3) C.
The Board shall meet at least onEe :
The Board shall meet at least once every six months;
36 every six months;
37 Five members of the Board shall constitute a quorum.
Five members of the Board shall constitute a quorum.
38 (4) D.
(4) D.
The Board shall study and investigate all phases of safety in business establishments, the 39 application of this title thereto, and shall serve as advisor to the Commissioner.
The Board shall study and investigate all phases of safety in business establishments, the application of this title thereto, and shall serve as advisor to the Commissioner.
40 (5) E.
(5) E.
However, such standarHs shall be at least as stringent as the standards promulgated by the Federal Occupational Safety and HealtB Act of 1970 (P.L.
However, such standards shall be at least as stringent as the standards promulgated by the Federal Occupational Safety and Health Act of 1970 (P.L.
Secretary of Labor (i) revokes or repeals a previously promulgated 3 standard under the Federal Act or (ii) amends a previously promulgated standard under the Federal Act orH issues a standard interpretation for a previously promulgated standard under the Federal Act that resultC in the federal standard becoming less effective in protecting and promoting the safety and health of employ2es in the Commonwealth, the Board shall, as soon as practical, adopt a standard that incorporates the standard under the Federal Act as it existed prior to being repealed, revoked, amended, or newly interpreted.
Secretary of Labor (i) revokes or repeals a previously promulgated standard under the Federal Act or (ii) amends a previously promulgated standard under the Federal Act or issues a standard interpretation for a previously promulgated standard under the Federal Act that results in the federal standard becoming less effective in protecting and promoting the safety and health of employees in the Commonwealth, the Board shall, as soon as practical, adopt a standard that incorporates the standard under the Federal Act as it existed prior to being repealed, revoked, amended, or newly interpreted.
Such standards HB339HC2 2 of 2 when applicable to products which are distributed in interstate commerce shall be the same as federal standards unless deviations are required by compelling local conditions and do not unduly burden interstate commerce.
Such standards when applicable to products which are distributed in interstate commerce shall be the same as federal standards unless deviations are required by compelling local conditions and do not unduly burden interstate commerce.
Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of rules and regulations under this section and to proceedings before the Board.
Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 shall apply to the adoption of rules and regulations DRAFT OFFERED FOR CONSIDERATION 1/22/2026 under this section and to proceedings before the Board.
If a federal wage and hour law is repealed, revoked, or amended in any manner that results in the federal protections of employees becoming less stringent, or if the applicable federal agency issues a new interpretation of the federal wage and hour law through an opinion letter, ruling letter, administrative interpretation, program policy manual, or program policy letter that results in the federal protections of employees becoming less stringent, and the provisions of this title or other state law do not have corresponding rules in place that are at least as stringent as the federal wage and hour law being repealed, revoked, amended, or newly interpreted, the Commissioner shall, as soon as practical, promulgate regulations that incorporate the federal wage and hour law being repealed, revoked, amended, or newly interpreted as a minimum requirement.
If a federal wage and hour law is repealed, revoked, or amended in any manner that results in the federal protections of employees becoming less stringent, or if the applicable federal agency issues a new interpretation of the federal wage and hour law through an opinion letter, ruling letter, administrative interpretation, program policy manual, or program policy letter that results in the federal protections of employees becoming less stringent, and the provisions of this title or other state law do not have DRAFT OFFERED FOR CONSIDERATION 1/22/2026 corresponding rules in place that are at least as stringent as the federal wage and hour law being repealed, revoked, amended, or newly interpreted, the Commissioner shall, as soon as practical, promulgate regulations that incorporate the federal wage and hour law being repealed, revoked, amended, or newly interpreted as a minimum requirement.
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Action History

  1. Continued from last session

  2. Continued to next session in Finance and Appropriations (13-Y 1-N)

  3. Reported from Commerce and Labor with amendments and rereferred to Finance and Appropriations (9-Y 6-N)

  4. Senate committee offered

  5. Fiscal Impact Statement from Department of Planning and Budget (HB339)

  6. Referred to Committee on Commerce and Labor

  7. Constitutional reading dispensed (on 1st reading)

  8. Read third time and passed House (64-Y 35-N 0-A)

  9. Engrossed by House - committee substitute

  10. committee substitute agreed to

  11. Read second time

  12. Read first time

  13. Committee substitute printed 26105908D-H1

  14. Reported from Labor and Commerce with substitute (15-Y 7-N)

  15. Subcommittee recommends reporting with substitute (5-Y 2-N)

  16. House subcommittee offered

  17. Assigned HCL sub: Subcommittee #2

  18. Referred to Committee on Labor and Commerce

  19. Prefiled and ordered printed; Offered 01-14-2026 26102185D

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"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

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 339 do?
Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.
Who sponsors HB 339?
HB 339 is sponsored by Kathy K.L. Tran, Irene Shin, Marcia S. "Cia" Price, Adele Y. McClure, Karen Keys-Gamarra, Phil M. Hernandez, Rae Cousins, Alfonso H. Lopez, Elizabeth B. Bennett-Parker, Destiny LeVere Bolling, and Michelle Lopes Maldonado.
What is the current status of HB 339?
This bill has passed the House of Delegates. Introduced January 12, 2026. It now moves to the second chamber.
Where can I track HB 339?
Track HB 339 free on One Click Politics — get push/email alerts when it moves.

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