VirginiaHB272026 Regular SessionHouseWALLET

Overtime for certain employees; pay for domestic workers, delayed effective date.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 28.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Sue for unpaid overtime and damages

Beginning July 1, 2028, if the General Assembly reenacts this law in 2027, you can sue for unpaid overtime. Courts must award your unpaid overtime, the same amount again as liquidated damages, and reasonable attorney fees and costs. A court can reduce the extra damages if the employer proves it acted in good faith with reasonable grounds. You must file within two years, or three years for a willful violation.

Overtime pay for domestic workers

Beginning July 1, 2028, if the General Assembly reenacts this law in 2027, covered workers get time‑and‑a‑half for hours over 40 in a week. This covers domestic workers who do household jobs like childcare, cleaning, cooking, and gardening, and some employees of derivative carriers. It includes some independent contractors doing domestic work, but excludes Medicaid or CHIP consumer‑directed caregivers and au pairs in the federal exchange visitor program. Your regular rate is your hourly pay plus other non‑overtime wages for that week, divided by total hours, excluding amounts the federal Fair Labor Standards Act leaves out.

Overtime rules delayed until 2028

The law sets an effective date of July 1, 2028. The rules do not apply unless the General Assembly reenacts the law in its 2027 session. Until reenactment, no new overtime rights or duties take effect.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 311 • No: 159

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 24 • No: 15

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 62 • No: 36

House vote 3/11/2026

Senate substitute agreed to by House

Yes: 63 • No: 35 • Other: 1

Senate vote 3/9/2026

Commerce and Labor Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed Senate with substitute

Yes: 22 • No: 18

Senate vote 3/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/4/2026

Reported from Finance and Appropriations

Yes: 10 • No: 5

Senate vote 2/23/2026

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 6

House vote 2/2/2026

Read third time and passed House

Yes: 62 • No: 35 • Other: 1

House vote 1/27/2026

Reported from Labor and Commerce with amendment(s)

Yes: 15 • No: 7

House vote 1/22/2026

Subcommittee recommends reporting with amendment(s)

Yes: 5 • No: 2

Actions Timeline

  1. Senate concurred in Governor's recommendation (24-Y 15-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (62-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1031)

    4/22/2026Governor
  4. Reenrolled bill text (HB27ER2)

    4/22/2026House
  5. Approved by Governor-Chapter 1031 (Effective 7/1/2027)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/13/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (HB27)

    3/31/2026House
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  12. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  13. Signed by Speaker

    3/31/2026House
  14. Bill text as passed House and Senate (HB27ER)

    3/30/2026House
  15. Enrolled

    3/30/2026House
  16. Signed by President

    3/30/2026Senate
  17. Senate substitute agreed to by House (63-Y 35-N 1-A)

    3/11/2026House
  18. Passed Senate with substitute (22-Y 18-N 0-A)

    3/9/2026Senate
  19. Commerce and Labor Substitute agreed to

    3/9/2026Senate
  20. Engrossed by Senate - committee substitute

    3/9/2026Senate
  21. Read third time

    3/9/2026Senate
  22. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    3/5/2026Senate
  24. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/5/2026Senate
  25. Rules suspended

    3/5/2026Senate

Bill Text

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