HB 2561

Abstract

Employee protections; minimum wage and overtime wages; civil actions; misclassification of workers. Provides that an employer that violates minimum wage or overtime wages provisions is liable to the employee 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, and such actions are required to be commenced within three years after the cause of action accrued. The bill also increases from 300 days to two years the amount of time a complainant has to file an allegation of discriminatory practice with the Office of Civil Rights of the Department of Law alleging a violation of the Virginia Human Rights Act or federal statutes governing discrimination in employment that also falls under the jurisdiction of the Virginia Human Rights Act. Additionally, the bill provides that a civil action brought by an individual against his employer for failing to properly classify the individual as an employee under current law shall be commenced within three years after the cause of action accrued.

An Act to amend and reenact §§ 2.2-3907, 40.1-28.7:7, 40.1-28.12, 40.1-29, 40.1-29.2, and 40.1-29.3 of the Code of Virginia, relating to employee protections; minimum wage and overtime wages; civil actions; misclassification of workers.