VirginiaSB282026 Regular SessionSenateWALLET

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

Sponsored By: Jennifer D. Carroll Foy (Democratic)

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 HB 27.

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Bill Overview

Analyzed Economic Effects

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

Right to sue for unpaid overtime

Covered workers can sue in court for unpaid overtime. If you win, the court awards the unpaid overtime, an equal amount in liquidated damages, and your reasonable attorney fees and costs. A judge can reduce or deny the extra damages if your employer proves good faith with reasonable grounds. You must file within two years. For a willful violation, you have three years. These rules start July 1, 2028.

Time-and-a-half for domestic workers

Covered domestic workers and people employed by a derivative carrier get overtime pay. Employers must pay at least 1.5 times the regular rate for hours over 40 in a workweek. Your regular rate is your straight‑time pay for the week divided by total hours, excluding amounts federal law leaves out. Domestic services include child care, elder care, housekeeping, cooking, laundry, and gardening. This does not cover Medicaid or CHIP consumer‑directed service workers or au pairs in the Exchange Visitor Program. This is scheduled to start July 1, 2028.

Overtime rules delayed unless reenacted

The law is written to start on July 1, 2028. It only takes effect if the General Assembly reenacts it during the 2027 session. If not reenacted, these overtime and lawsuit rules do not start on that date.

Sponsors & Cosponsors

Sponsor

  • Jennifer D. Carroll Foy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 357 • No: 204

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 62 • No: 34

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 25 • No: 14

House vote 3/6/2026

Conference report agreed to by House

Yes: 60 • No: 35 • Other: 1

Senate vote 3/6/2026

Conference report agreed to by Senate

Yes: 22 • No: 18

Senate vote 3/3/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote 2/26/2026

House substitute rejected by Senate

Yes: 0 • No: 39

House vote 2/24/2026

Passed House with substitute

Yes: 63 • No: 34 • Other: 1

House vote 2/19/2026

Reported from Labor and Commerce with substitute

Yes: 14 • No: 6

Senate vote 2/6/2026

Read third time and passed Senate

Yes: 22 • No: 18

Senate vote 2/5/2026

Commerce and Labor Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/4/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/4/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/2/2026

Reported from Commerce and Labor with amendments

Yes: 9 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (62-Y 34-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (25-Y 14-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0983)

    4/22/2026Governor
  4. Reenrolled bill text (SB28ER2)

    4/22/2026Senate
  5. Approved by Governor-Chapter 983 (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 Senate

    4/13/2026Governor
  10. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  11. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  12. Fiscal Impact Statement from Department of Planning and Budget (SB28)

    3/12/2026Senate
  13. Bill text as passed Senate and House (SB28ER)

    3/12/2026Senate
  14. Enrolled

    3/12/2026Senate
  15. Signed by President

    3/12/2026Senate
  16. Signed by Speaker

    3/12/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB28)

    3/6/2026Senate
  18. Fiscal Impact statement From DPB (3/6/2026 12:11 pm)

    3/6/2026Senate
  19. Conference report agreed to by House (60-Y 35-N 1-A)

    3/6/2026House
  20. Conference report agreed to by Senate (22-Y 18-N 0-A)

    3/6/2026Senate
  21. Substitute bill reprinted 26109222D

    3/5/2026Senate
  22. Conference Report released

    3/5/2026
  23. Conference substitute printed 26109222D-S1

    3/5/2026Senate
  24. Conference Report released

    3/5/2026
  25. House Conferees: Henson, LeVere Bolling, Webert

    3/4/2026House

Bill Text

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