HB 984

            
2020 SESSION

20105116D

HOUSE BILL NO. 984


Offered January 8, 2020


Prefiled January 7, 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 the 
 misclassification of workers; cause of action.
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Patrons-- Delaney, Guzman, Levine and Lopez

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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. 
 Misclassification of workers.
 
 
A. An 
 individual who has not been properly classified as an employee may bring a 
 civil action for damages against his employer 
 for failing to properly classify the employee if the employer had knowledge of 
 the individuals misclassification. An 
 individuals representative may bring the action on behalf of the individual. 
 If the court finds that the employer has not properly classified 
 the individual as an employee, the court may award the individual 
 damages in the amount of any wages, salary, employment benefits, including 
 expenses incurred by the employee that would otherwise have been covered by 
 insurance, or other compensation lost to the individual, a reasonable attorney 
 fee, and the costs incurred by 
 the individual in bringing the action.
 
 
B. In a 
 proceeding under subsection A, an individual who performs 
 services for a person for 
 remuneration shall be presumed to be an employee of the person that paid such 
 remuneration, and the person that paid such remuneration shall 
 be presumed to be the employer of the individual 
 who was paid for performing the services, unless it is shown that the 
 individual is an independent contractor as determined under the Internal 
 Revenue Service guidelines. 
 
 
C. As used in this section, 
 "Internal Revenue Service guidelines" means the most 
 recent version of the guidelines published by the Internal Revenue Service for 
 evaluating independent contractor status, including its interpretation of 
 common law doctrine on independent contractors, and any regulations that the 
 Internal Revenue Service may promulgate regarding determining whether an 
 employee is an independent contractor, including 26 C.F.R. � 
 31.3121(d)-1.