# Virginia HB238: Minimum wage and overtime wages; payment of wages, misclassification of workers, civil actions. Virginia HB238, Minimum wage and overtime wages; payment of wages, misclassification of workers, civil actions., is a 2026 Regular Session House bill sponsored by Alfonso H. Lopez (Democratic); status signed, last action 2026-04-22 (Senate concurred in Governor's recommendation (21-Y 18-N 0-A)); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/VA-HB238-2026 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Virginia HB238 - State: Virginia - Session: 2026 Regular Session - Title: Minimum wage and overtime wages; payment of wages, misclassification of workers, civil actions. - Status: signed - Chamber: House - Introduced: 2026-01-08 - Last action: 2026-04-22, Senate concurred in Governor's recommendation (21-Y 18-N 0-A) - Sponsor: Alfonso H. Lopez (Democratic) - Cosponsors: 0 - Touches household money: yes - Roll calls: 15 (370 yes, 279 no in all) - Economic provisions PRIA read: 14 ## Summary 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. ## Bill overview: provisions PRIA read - Overtime pay protections for covered workers: benefit, high. Covered carrier employees and direct-support workers employed by home care agencies or other third-party providers receive overtime pay. They must get at least 1.5 times their regular rate for each hour over 40 in a workweek. The regular rate includes applicable non-overtime wages, subject to feder… - Workers can recover more unpaid wages: benefit, high. Workers can sue alone, jointly, or through a collective action for unpaid wages. Recovery includes wages owed, an equal amount in added damages, and 8% yearly interest from the due date. Workers can also recover reasonable lawyer fees and court costs. For knowing violations, courts must award three… - Construction workers gain another wage payer: benefit, medium. For construction contracts entered into on or after July 1, 2026, general contractors can share responsibility for subcontractor wages. This covers projects above $500,000, including combined projects under one contract, but excludes single-family residential projects. The general contractor must h… - Misclassified workers can sue knowing employers: benefit, medium. Workers wrongly treated as independent contractors can sue employers that knew about the misclassification. A worker's representative can also bring the case. The action can seek applicable damages and other available relief. The law does not set a specific damages amount. - Prevailing pay for public construction workers: benefit, medium. State-funded public works contracts must require prevailing wages; localities can adopt similar rules for covered local contracts. Contracts worth $250,000 or less are exempt. Covered contractors must certify pay scales, post prevailing rates, and keep wage and hours records for at least six years.… - State retirement savings access for workers: benefit, medium. Virginia provides a state-administered retirement savings program for eligible workers and self-employed people with Virginia taxable income. Eligible employers must facilitate payroll savings and enroll employees unless they opt out under Board procedures. Employees can stop participating at any t… - Virginia helps workers collect unpaid wages: benefit, medium. Virginia's labor commissioner can investigate, subpoena witnesses, and collect unpaid wages, damages, and penalties. Recovered wages and damages can go to affected workers. After a referral, the Attorney General can sue for wages, damages, penalties, legal costs, and other authorized relief. After… - Clearer pay statements for Virginia workers: benefit, low. Covered employers must give workers a written or online pay statement every regular payday. It must identify the employer and show pay rates, gross wages, deductions and their purposes, and enough detail to calculate take-home pay. Hours must appear for hourly workers and salaried workers below the… - Prompt corrections limit workers' wage damages: cost, medium. For wage cases started on or after July 1, 2026, employers have a limited defense against added damages and penalties. They must prove good faith and reasonable grounds for believing their actions were lawful. They must also pay all unlawfully withheld wages within 14 days after notice. When both r… - Sentence credit limits for eligible offenders: cost, low. Serious juvenile offenders' consideration for sentence credits depends partly on full participation in and cooperation with offered programs. Virginia's juvenile justice department must report on their rule-following and progress toward treatment goals during that sentence period. Earned sentence c… - Construction businesses get firm payment deadlines: mixed, medium. Owners must pay general contractors within 60 days after an invoice for satisfactorily completed work. Contractors must pay subcontractors by the earlier of 60 days after invoicing or seven days after receiving payment for that work. Owners withholding payment must give written reasons and amounts… - Regular worker paydays with monthly exceptions: mixed, low. Covered businesses and domestic-service employers must set regular pay periods and pay rates. Salaried employees must be paid at least monthly; hourly employees must be paid every two weeks or twice monthly. Executive personnel and qualifying work-study students are excluded from these pay-frequenc… - Worker pay cards gain limited safeguards: mixed, low. Employers can pay wages by cash, qualifying check, transfer to an employee-designated account, or prepaid debit card. Card payments generally require written fee disclosures and employee consent. Without affirmative consent, cards are allowed only for workers hired after January 1, 2010, who have n… - Employer retirement choices with program limits: mixed, low. Participating employers are not responsible for running the state retirement program, its investments, or investment performance. Employers can establish their own retirement plan at any time. Once they do, they must stop facilitating state-program contributions under Board procedures. Participatin… ## Sponsors and cosponsors - Sponsor: Alfonso H. Lopez (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-04-22 | Senate | Senate concurred in Governor's recommendation | pass | 21 | 18 | | | 2026-04-22 | House | House concurred in Governor's recommendation | pass | 64 | 36 | | | 2026-03-14 | Senate | Conference report agreed to by Senate | pass | 20 | 19 | | | 2026-03-14 | House | Conference report agreed to by House | pass | 62 | 35 | | | 2026-03-12 | Senate | Senate insisted on substitute Block Vote | pass | 40 | 0 | | | 2026-03-11 | House | Senate substitute rejected by House | fail | 0 | 98 | 1 | | 2026-03-10 | Senate | Commerce and Labor Substitute agreed to | pass | 0 | 0 | | | 2026-03-10 | Senate | Passed Senate with substitute | pass | 21 | 19 | | | 2026-03-09 | Senate | Constitutional reading dispensed Block Vote (on 2nd reading) | pass | 40 | 0 | | | 2026-03-09 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 | | | 2026-03-06 | Senate | Reported from Finance and Appropriations | pass | 10 | 4 | | | 2026-03-02 | Senate | Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations | pass | 8 | 6 | | | 2026-02-02 | House | Read third time and passed House | pass | 64 | 35 | | | 2026-01-27 | House | Reported from Labor and Commerce with substitute | pass | 15 | 7 | | | 2026-01-22 | House | Subcommittee recommends reporting with substitute | pass | 5 | 2 | | ## Actions (66) - 2026-04-22: Senate concurred in Governor's recommendation (21-Y 18-N 0-A) (Senate) - 2026-04-22: House concurred in Governor's recommendation (64-Y 36-N 0-A) (House) - 2026-04-22: Acts of Assembly Chapter text (CHAP1040) (Governor) - 2026-04-22: Reenrolled bill text (HB238ER2) (House) - 2026-04-22: Reenrolled (House) - 2026-04-22: Approved by Governor-Chapter 1040 (effective 7/1/2026) (Governor) - 2026-04-22: Signed by President (Senate) - 2026-04-22: Signed by Speaker (House) - 2026-04-22: Governor's recommendation adopted (Governor) - 2026-04-20: Fiscal Impact statement From VCSC (4/20/2026 4:21 pm) (House) - 2026-04-16: Substitute bill reprinted 26110450D (House) - 2026-04-14: Fiscal Impact statement From VCSC (4/14/2026 12:41 pm) (House) - 2026-04-13: Governor's recommendation received by House (Governor) - 2026-04-02: Fiscal Impact Statement from Department of Planning and Budget (HB238) (House) - 2026-03-31: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor) - 2026-03-31: Enrolled Bill communicated to Governor on March 31, 2026 (House) - 2026-03-31: Signed by Speaker (House) - 2026-03-30: Bill text as passed House and Senate (HB238ER) (House) - 2026-03-30: Enrolled (House) - 2026-03-30: Signed by President (Senate) - 2026-03-23: Fiscal Impact Statement from Department of Planning and Budget (HB238) (House) - 2026-03-14: Conference report agreed to by Senate (20-Y 19-N 0-A) (Senate) - 2026-03-14: Conference report agreed to by House (62-Y 35-N 0-A) (House) - 2026-03-14: Fiscal Impact statement From VCSC (3/14/2026 2:04 pm) (House) - 2026-03-14: Conference Report released - 2026-03-12: House Conferees: Lopez, Anthony, Garrett (House) - 2026-03-12: Conferees appointed by House (House) - 2026-03-12: House acceded to request (House) - 2026-03-12: Senate insisted on substitute Block Vote (40-Y 0-N 0-A) (Senate) - 2026-03-12: Conferees appointed by Senate (Senate) - 2026-03-12: Senate Conferees: Surovell, McPike, Stuart (Senate) - 2026-03-12: Senate requested conference committee (Senate) - 2026-03-11: Senate substitute rejected by House (0-Y 98-N 1-A) (House) - 2026-03-10: Passed Senate with substitute (21-Y 19-N 0-A) (Senate) - 2026-03-10: Commerce and Labor Substitute agreed to (Senate) - 2026-03-10: Engrossed by Senate - committee substitute (Senate) - 2026-03-10: Read third time (Senate) - 2026-03-09: Passed by for the day Block Vote (Voice Vote) (Senate) - 2026-03-09: Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A) (Senate) - 2026-03-09: Rules suspended (Senate) - 2026-03-06: Fiscal Impact Statement from Department of Planning and Budget (HB238) (House) - 2026-03-06: Reported from Finance and Appropriations (10-Y 4-N) (Senate) - 2026-03-03: Fiscal Impact statement From VCSC (3/3/2026 3:58 pm) (House) - 2026-03-03: Committee substitute printed 26108602D-S1 (Senate) - 2026-03-02: Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N) (Senate) - 2026-02-13: Fiscal Impact Statement from Department of Planning and Budget (HB238) (House) - 2026-02-11: Fiscal Impact statement From VCSC (2/11/2026 4:09 pm) (House) - 2026-02-03: Referred to Committee on Commerce and Labor (Senate) - 2026-02-03: Constitutional reading dispensed (on 1st reading) (Senate) - 2026-02-02: Read third time and passed House (64-Y 35-N 0-A) (House) - 2026-01-30: Engrossed by House - committee substitute as amended (House) - 2026-01-30: Delegate Lopez Floor amendments agreed to (House) - 2026-01-30: Delegate Lopez Floor amendments agreed to (House) - 2026-01-30: committee substitute agreed to (House) - 2026-01-30: Read second time (House) - 2026-01-30: Floor (House) - 2026-01-30: Floor (House) - 2026-01-29: Read first time (House) - 2026-01-27: Committee substitute printed 26105944D-H1 (House) - 2026-01-27: Reported from Labor and Commerce with substitute (15-Y 7-N) (House) - 2026-01-27: Fiscal Impact Statement from Department of Planning and Budget (HB238) (House) - 2026-01-22: House subcommittee offered (House) - 2026-01-22: Subcommittee recommends reporting with substitute (5-Y 2-N) (House) - 2026-01-15: Assigned HCL sub: Subcommittee #2 (House) - 2026-01-08: Referred to Committee on Labor and Commerce (House) - 2026-01-08: Prefiled and ordered printed; Offered 01-14-2026 26104955D (House) ## Bill text - Chaptered, 2026-04-22: [HTML](https://lis.blob.core.windows.net/files/1225189.HTML), [PDF](https://lis.blob.core.windows.net/files/1225188.PDF) - Reenrolled, 2026-04-22: [HTML](https://lis.blob.core.windows.net/files/1221114.HTML), [PDF](https://lis.blob.core.windows.net/files/1221113.PDF) - Substitute, 2026-04-16: [HTML](https://lis.blob.core.windows.net/files/1220593.HTML), [PDF](https://lis.blob.core.windows.net/files/1220592.PDF) - Substitute, 2026-04-14: [HTML](https://lis.blob.core.windows.net/files/1219510.HTML), [PDF](https://lis.blob.core.windows.net/files/1219509.PDF) - Gov Recommendation, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1219506.HTML) - Enrolled, 2026-03-30: [HTML](https://lis.blob.core.windows.net/files/1214301.HTML), [PDF](https://lis.blob.core.windows.net/files/1214300.PDF) - Conference Report, 2026-03-14: [HTML](https://lis.blob.core.windows.net/files/1211946.HTML) - Substitute, 2026-03-14: [HTML](https://lis.blob.core.windows.net/files/1211943.HTML), [PDF](https://lis.blob.core.windows.net/files/1211942.PDF) - Substitute, 2026-03-03: [HTML](https://lis.blob.core.windows.net/files/1190027.HTML), [PDF](https://lis.blob.core.windows.net/files/1190026.PDF) - Amendment, 2026-01-30: [HTML](https://lis.blob.core.windows.net/files/1104107.HTML), [HTML](https://lis.blob.core.windows.net/files/1104077.HTML), [HTML](https://lis.blob.core.windows.net/files/1103973.HTML) - Engrossed, 2026-01-30: [HTML](https://lis.blob.core.windows.net/files/1104697.HTML), [PDF](https://lis.blob.core.windows.net/files/1104696.PDF) - Amendment, 2026-01-29: [HTML](https://lis.blob.core.windows.net/files/1103303.HTML) - Substitute, 2026-01-27: [HTML](https://lis.blob.core.windows.net/files/1098701.HTML), [PDF](https://lis.blob.core.windows.net/files/1098700.PDF) - Substitute, 2026-01-22: [HTML](https://lis.blob.core.windows.net/files/1094429.HTML), [HTML](https://lis.blob.core.windows.net/files/1094652.HTML), [PDF](https://lis.blob.core.windows.net/files/1094428.PDF), [PDF](https://lis.blob.core.windows.net/files/1094651.PDF) - Introduced, 2026-01-08: [HTML](https://lis.blob.core.windows.net/files/1083222.HTML), [PDF](https://lis.blob.core.windows.net/files/1083221.PDF) ## Related bills - HB5: Employment; paid sick leave, civil penalties. (signed) - SB199: Employment; paid sick leave, civil penalties. (signed) - HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed) - HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed) - HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed) - HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed) ## Sources - [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1225189.HTML) - [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1225188.PDF) - [Reenrolled (HTML)](https://lis.blob.core.windows.net/files/1221114.HTML) - [Reenrolled (PDF)](https://lis.blob.core.windows.net/files/1221113.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1220593.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1220592.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1219510.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1219509.PDF) - [Gov Recommendation (HTML)](https://lis.blob.core.windows.net/files/1219506.HTML) - [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1214301.HTML) - [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1214300.PDF) - [Conference Report (HTML)](https://lis.blob.core.windows.net/files/1211946.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1211943.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1211942.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1190027.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1190026.PDF) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1104107.HTML) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1104077.HTML) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1103973.HTML) - [Engrossed (HTML)](https://lis.blob.core.windows.net/files/1104697.HTML) - [Engrossed (PDF)](https://lis.blob.core.windows.net/files/1104696.PDF) - [Amendment (HTML)](https://lis.blob.core.windows.net/files/1103303.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1098701.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1098700.PDF) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1094429.HTML) - [Substitute (HTML)](https://lis.blob.core.windows.net/files/1094652.HTML) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1094428.PDF) - [Substitute (PDF)](https://lis.blob.core.windows.net/files/1094651.PDF) - [Introduced (HTML)](https://lis.blob.core.windows.net/files/1083222.HTML) - [Introduced (PDF)](https://lis.blob.core.windows.net/files/1083221.PDF) ## Related - [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026) - [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026) - [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026) - [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026) - [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026) - [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026) - [Virginia bills](https://policyrisk.com/states/virginia/bills) - [Virginia state hub](https://policyrisk.com/states/virginia) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/VA-HB238-2026 (as of 2026-10-12).