HB 335

            
2020 SESSION

20101536D

HOUSE BILL NO. 335


Offered January 8, 2020


Prefiled January 1, 2020

A BILL to amend the Code of Virginia by adding in Article 1 of 
 Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to liability 
 of a payroll processing company that prevents the distribution of the 
 employers payroll.
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Patron-- Krizek

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Referred to Committee on Labor and Commerce

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding in Article 
 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7 as follows:
 
 
� 40.1-28.7:7. Liability for 
 preventing a payroll processing companys distribution of wage payments.
 
 
A. As used in this section, 
 "payroll processing company" means a person that contracts with an 
 employer to distribute the employers wage payments to the 
 employers employees.
 
 
B. Notwithstanding any other 
 provision of law to the contrary, any payroll processing company or other 
 person that intentionally prevents the distribution by a 
 payroll processing company of the employers wage 
 payments to its employees in accordance with the terms of 
 the payroll processing companys contract with the 
 employer shall be liable to any employee 
 of the employer who failed to receive an expected 
 payment of wages for an amount that is three times 
 the expected payment of wages.
 
 
C. This section 
 does not apply to any person that intentionally prevents the distribution by a 
 payroll processing company of the employers wage 
 payments to the employers employees if such 
 persons act is required by final order of any court of competent 
 jurisdiction.
 
 
D. Liability 
 under this section is in addition to any other applicable penalties and causes 
 of action.