SB 662

            
2020 SESSION

20103500D

SENATE BILL NO. 662


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend the Code of Virginia by adding in Article 2 of 
 Chapter 3 of Title 40.1 a section numbered 40.1-33.1, relating to prohibiting 
 employers from retaliating against employees for reporting employee 
 misclassification; civil penalty.
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Patrons-- Boysko, Bell, Howell, McClellan and Morrissey

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Referred to Committee on Commerce and Labor

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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 
 2 of Chapter 3 of Title 40.1 a section numbered 40.1-33.1 as follows:
 
 
� 40.1-33.1. Retaliatory actions 
 prohibited; civil penalty.
 
 
A. An employer shall not discharge, 
 discipline, threaten, discriminate against, or penalize an employee or 
 independent contractor, or take other retaliatory action regarding an employee 
 or independent contractors compensation, terms, conditions, location, or 
 privileges of employment, because the employee or independent contractor:
 
 
1. Has reported or plans to 
 report to an appropriate authority that an employer, or any officer or agent of 
 the employer, has failed to properly classify an individual as an employee and 
 failed to pay required benefits or other contributions; or
 
 
2. Is requested or subpoenaed 
 by an appropriate authority to participate in an investigation, hearing, or 
 inquiry by an appropriate authority or in a court action.
 
 
B. The 
 provisions of subsection A shall apply only if an employee 
 or independent contractor who discloses information about suspected worker 
 misclassification has done so in good faith and upon a 
 reasonable belief that the information is accurate. Disclosures that are 
 reckless or the employee knew or should have known were false, confidential by 
 law, or malicious shall not be deemed good faith reports and shall not be subject to 
 the protections provided by subsection A.
 
 
C. Any 
 employee who is discharged, disciplined, threatened, discriminated 
 against, or penalized in a manner prohibited by this section may file a 
 complaint with the Commissioner. The Commissioner, with the 
 written and signed consent of such an employee, 
 may institute proceedings against the employer for 
 appropriate remedies for such action, 
 including reinstatement of the employee and recovering lost wages. 
 
 
D. Any 
 employer who discharges, disciplines, threatens, discriminates against, or 
 penalizes an employee in a manner prohibited by this section shall be subject 
 to a civil penalty not to exceed the amount of the employees 
 wages that are lost as a result of the violation. Civil 
 penalties under this section shall be assessed by the Commissioner and paid to 
 the Literary Fund.