VirginiaSB4332026 Regular SessionSenateWALLET

Unemployment insurance; benefit eligibility conditions, etc.

Sponsored By: Lamont Bagby (Democratic)

Became Law

Summary

Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute disqualification. Amends the Virginia Unemployment Compensation Act's labor dispute disqualification provision to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a final adjudication under the federal National Labor Relations Act that such representative has refused to bargain in good faith with the employer, or (iii) the lockout is the direct result of such representative's violation of an existing collective bargaining agreement.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 4 costs, 4 mixed.

Higher earnings needed for unemployment pay

You can get unemployment pay only if your wages in your two highest base‑period quarters meet the minimum in the state Benefit Table for your weekly benefit amount. Those wages must be earned in at least two separate quarters. If you fall short of the table amount or lack two earning quarters, you are not eligible for that week.

New limits on benefits during labor disputes

Benefits are denied if your unemployment is due to a labor dispute in active progress or a shutdown or start‑up caused by that dispute at your last workplace or related premises. An employer lockout is not treated as a labor dispute for this rule, except in weeks when the union refuses to meet under reasonable conditions, a final federal ruling finds it refused to bargain in good faith, or the lockout results from a union contract breach. You can still qualify if you did not take part in or pay for the dispute and you are not in the affected group of workers; union membership or regular dues alone does not count as financing. Departments that operate like separate businesses at the same site are treated as separate establishments.

Reemployment services required for some claimants

If the Commission’s profile says you are likely to use up regular benefits and need help, you must take part in reemployment services, like job‑search help. You do not have to participate if you already finished the required services or you have good cause.

Work search and registration rules tighten

You must be able to work, available, and actively looking for suitable work each week. If you are totally unemployed, you must report the names of employers you contact. You must register for work, keep reporting as the Commission requires, and file your claim under its rules. The Commission can verify contacts, may count State Job Service or hiring‑hall contacts, and may relax search rules in high‑unemployment areas. If you leave your normal labor market for most of a week, you are presumed unavailable unless you show a real job search and access to work there. If classes would only block one shift in a multi‑shift job, you are not automatically unavailable.

Benefits denied: jail, paid vacation, other‑state

You cannot get benefits for a week you are on a bona fide paid vacation. If your vacation pay is less than your weekly benefit, the law recalculates that week under § 60.2‑603. You cannot get benefits while you are imprisoned or in jail. You are also ineligible if you are getting, have gotten, or are seeking benefits from another state or the federal system, unless that agency finally denies you.

ID and jail checks before payments

Before any payment, the Commission checks if you are in jail and verifies your work identity. These checks must be completed before benefits are paid.

Two‑week cap when employer ends notice early

If you give notice to quit and your employer ends your job earlier, benefits tied to that early end are capped at two weeks. This applies only if you cannot show good cause for leaving and you were not discharged for misconduct.

One-week wait; closure and bankruptcy waiver

There is a one‑week waiting period before benefits are paid, and you must be otherwise eligible during that week. For claims effective November 28, 1999 and after, the waiting week is waived if your employer closed, ended operations, or declared bankruptcy and did not pay final wages as required. If that employer later pays those final wages late, the payment does not reduce your benefits and does not create an overpayment.

Sponsors & Cosponsors

Sponsor

  • Lamont Bagby

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 153 • No: 68

House vote 3/6/2026

Passed House

Yes: 64 • No: 34

House vote 3/3/2026

Reported from Labor and Commerce

Yes: 15 • No: 7

House vote 2/26/2026

Subcommittee recommends reporting

Yes: 4 • No: 2

Senate vote 2/6/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/5/2026

Engrossed by Senate (Voice Vote)

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

Yes: 9 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0890)

    4/13/2026Governor
  2. Approved by Governor-Chapter 890 (effective 7/1/2026)

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

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

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB433)

    3/12/2026Senate
  6. Bill text as passed Senate and House (SB433ER)

    3/12/2026Senate
  7. Enrolled

    3/12/2026Senate
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. Passed House (64-Y 34-N 0-A)

    3/6/2026House
  11. Read third time

    3/6/2026House
  12. Read second time

    3/5/2026House
  13. Reported from Labor and Commerce (15-Y 7-N)

    3/3/2026House
  14. Subcommittee recommends reporting (4-Y 2-N)

    2/26/2026House
  15. Assigned HCL sub: Subcommittee #2

    2/17/2026House
  16. Referred to Committee on Labor and Commerce

    2/12/2026House
  17. Read first time

    2/12/2026House
  18. Placed on Calendar

    2/12/2026House
  19. Fiscal Impact Statement from Department of Planning and Budget (SB433)

    2/10/2026Senate
  20. Read third time and passed Senate (21-Y 19-N 0-A)

    2/6/2026Senate
  21. Engrossed by Senate (Voice Vote)

    2/5/2026Senate
  22. Read second time

    2/5/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    2/4/2026Senate
  24. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

    2/4/2026Senate
  25. Rules suspended

    2/4/2026Senate

Bill Text

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