All Roll Calls
Yes: 370 • No: 279
Sponsored By: Alfonso H. Lopez (Democratic)
Became Law
Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is subject to civil actions for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill also prohibits an employer from taking certain retaliatory actions against an employee because the employee reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, or officer, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation.
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7 provisions identified: 3 benefits, 0 costs, 4 mixed.
Home care and similar direct support workers must be paid at least 1.5 times their regular rate for hours over 40 each week. The regular rate includes hourly pay plus other non‑overtime wages, divided by total hours. This raises pay on long weeks.
If your employer owes you minimum wage, the law makes them pay the wages plus 8% yearly interest and your attorney fees. For unpaid overtime, courts award the overtime owed plus an equal amount in liquidated damages, and your reasonable lawyer fees. Employers can avoid the extra damages only if they prove good faith. You can sue under state law for federal overtime violations with the same federal remedies. Most overtime claims must be filed within two years, or three years if willful. Willful wage theft under $10,000 is a Class 1 misdemeanor; $10,000 or more or repeat offenses are a Class 6 felony.
The law presumes a person paid for work is an employee. The hiring party must prove independent‑contractor status using IRS rules. If you were misclassified and your employer knew, you can sue within three years for lost wages, benefits, expenses, and attorney fees. Damages from misclassification count as recoverable wages. During a declared disease emergency, giving PPE does not count toward proving employee status.
The state runs a payroll retirement savings program. Enrollment for eligible employers began July 1, 2023. Eligible employers must enroll on the Board’s timeline and set up payroll deposits, and workers are automatically enrolled unless they opt out. Only people with Virginia taxable income can participate. Employers are not fiduciaries and are not liable for workers’ choices or investments. Employers cannot contribute to or promote the state program, but they can start their own 401(a), 403(b), SIMPLE, or similar plan and then stop using the state program. Program contributions are exempt from some state wage‑payment timing and medium rules.
Terminally ill people serving felonies can seek conditional release; the Parole Board must set rules. For certain serious crimes, earned credits are capped at 4.5 days per 30 days served. For other crimes, a four‑level system gives 15, 7.5, 3.5, or 0 days per 30, based on program participation and discipline. Classifications are reviewed at least yearly, cannot be lowered for lack of prison programs, and can be reviewed after removals; appeals use the grievance process. Juvenile serious offenders earn credits only with full participation, and credits cannot shorten time to parole eligibility.
Public works paid with state money must require contractors to pay the prevailing wage. Localities may adopt the same rule for locally funded projects. Contracts at $250,000 or less are exempt. Employers must post wage rates on site, certify pay scales, and keep wage and hour records for six years; records must be produced within 10 days when asked. Underpayment triggers back wages plus 8% yearly interest, and debarment until paid; willful cases are a Class 1 misdemeanor. The Labor Commissioner can investigate and refer cases to the Attorney General, and bidders and contractors can sue to stop noncompliant contracts. Officials can request wage rates 10–20 days before bids.
The law sets how employers can pay you: cash, check, direct deposit, or a prepaid card. Prepaid cards need full written disclosure and your consent, unless you were hired after Jan 1, 2010 and did not give an account; then the card must allow at least one free withdrawal each pay period. Employers cannot withhold pay except for taxes, lawful deductions, or your signed OK, and must give a pay statement showing hours, rate, gross pay, and deductions. Hourly workers must be paid at least every two weeks or twice a month; salaried workers at least monthly. You must get all final wages by the normal payday, and most workers cannot be forced to sign wage‑forfeit agreements.
Alfonso H. Lopez
Democratic • House
There are no cosponsors for this bill.
All Roll Calls
Yes: 370 • No: 279
Senate vote • 4/22/2026
Senate concurred in Governor's recommendation
Yes: 21 • No: 18
House vote • 4/22/2026
House concurred in Governor's recommendation
Yes: 64 • No: 36
Senate vote • 3/14/2026
Conference report agreed to by Senate
Yes: 20 • No: 19
House vote • 3/14/2026
Conference report agreed to by House
Yes: 62 • No: 35
Senate vote • 3/12/2026
Senate insisted on substitute Block Vote
Yes: 40 • No: 0
House vote • 3/11/2026
Senate substitute rejected by House
Yes: 0 • No: 98 • Other: 1
Senate vote • 3/10/2026
Passed Senate with substitute
Yes: 21 • No: 19
Senate vote • 3/10/2026
Commerce and Labor Substitute agreed to
Yes: 0 • No: 0
Senate vote • 3/9/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 3/9/2026
Constitutional reading dispensed Block Vote (on 2nd reading)
Yes: 40 • No: 0
Senate vote • 3/6/2026
Reported from Finance and Appropriations
Yes: 10 • No: 4
Senate vote • 3/2/2026
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations
Yes: 8 • No: 6
House vote • 2/2/2026
Read third time and passed House
Yes: 64 • No: 35
House vote • 1/27/2026
Reported from Labor and Commerce with substitute
Yes: 15 • No: 7
House vote • 1/22/2026
Subcommittee recommends reporting with substitute
Yes: 5 • No: 2
Senate concurred in Governor's recommendation (21-Y 18-N 0-A)
House concurred in Governor's recommendation (64-Y 36-N 0-A)
Acts of Assembly Chapter text (CHAP1040)
Reenrolled bill text (HB238ER2)
Reenrolled
Approved by Governor-Chapter 1040 (effective 7/1/2026)
Signed by President
Signed by Speaker
Governor's recommendation adopted
Fiscal Impact statement From VCSC (4/20/2026 4:21 pm)
Substitute bill reprinted 26110450D
Fiscal Impact statement From VCSC (4/14/2026 12:41 pm)
Governor's recommendation received by House
Fiscal Impact Statement from Department of Planning and Budget (HB238)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 31, 2026
Signed by Speaker
Bill text as passed House and Senate (HB238ER)
Enrolled
Signed by President
Fiscal Impact Statement from Department of Planning and Budget (HB238)
Conference report agreed to by Senate (20-Y 19-N 0-A)
Conference report agreed to by House (62-Y 35-N 0-A)
Fiscal Impact statement From VCSC (3/14/2026 2:04 pm)
Conference Report released
Chaptered
4/22/2026
Reenrolled
4/22/2026
Substitute
4/16/2026
Substitute
4/14/2026
Gov Recommendation
4/13/2026
Enrolled
3/30/2026
Conference Report
3/14/2026
Substitute
3/14/2026
Substitute
3/3/2026
Amendment
1/30/2026
Engrossed
1/30/2026
Amendment
1/29/2026
Substitute
1/27/2026
Substitute
1/22/2026
Introduced
1/8/2026
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