By Steve Haner

Virginia Democrats envision a Workers Paradise and are busy trying to create it. By way of illustration, below are ten bills that were approved by the House Labor and Commerce Committee last week in just one of its meetings. This is by no means a complete list of the new mandates on Virginia’s employers working their way through. This is one short meeting’s work.

Many are the same issues that passed in 2024, the first year after Democrats regained control of both chambers after losing their political trifecta in the 2021 election. All of these will be on Governor Glenn Youngkin’s list of possible vetoes, but concerned employers should weigh in.

The key question should be, would Abigail Spanberger sign them all if she is governor next year? My political advice is to affirm over and over that she will sigh each and every one until she is forced to deny it, if indeed she ever does. Each has its problems, but the cumulative impact is should not be ignored.

The bills follow, with no commentary. The words in italics are from the official summaries.

House Bill 1919: Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2026. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation.

House Bill 1921: Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry.

There is a fiscal impact statement for the millions this will cost the state, but no estimate of the impact on employers.

House Bill 1980: Requires the Safety and Health Codes Board to adopt regulations establishing reasonable standards designed to protect employees from heat illness and establish a list of high-hazard industries, as defined in the bill. The bill authorizes a person aggrieved by a violation of its provisions or the regulations promulgated thereunder to seek to obtain injunctive relief, to recover statutory damages of $1000, or both, in an action commenced within one year of the cause of action.

House Bill 2098: Labor and employment provisions; application of law; payment of wages; definition of employer. Clarifies that the exemption for the Commonwealth or any of its agencies, institutions, or political subdivisions, or any public body under Title 40.1 does not apply when expressly provided otherwise. The bill provides a definition of “public body” for Title 40.1. Additionally, the bill provides that for the purposes of certain requirements related to the payment of wages, “employer” includes the Commonwealth and its agencies, institutions, and political subdivisions, school boards, or any public body.

House Bill 2135:  Provides that, in addition to the weekly unemployment benefit amount determined by relevant law, an eligible claimant who is unemployed in any week shall be paid an allowance of $25 for each of up to three dependents of such claimant. The fiscal impact statement predicts a minimal increase in the unemployment insurance taxes paid by employers.    

House Bill 2356:  Requires each public service company including its contractors and subcontractors, to ensure payment at the prevailing wage rate set by the Department of Labor and Industry for any mechanic, laborer, or worker employed, retained, or otherwise hired to perform construction, maintenance, or repair work for certain electricity generating sources. The bill requires each public service company to (i) ensure that 15 percent of the total labor hours of such work is performed by qualified apprentices and (ii) employ at least one qualified apprentice if four or more individuals are employed to perform such work.

House Bill 2469: Overtime for certain employees; domestic service workers and live-in domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay.

House Bill 2531: Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2027.  The fiscal impact statement discusses the new employer payroll tax imposed to provide the money.

House Bill 2561: 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…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.  

House Bill 2619: Requires the governing body or transportation district commission of any county or city that contracts with a private company to provide transportation services to (i) require such company to provide any employee of such company providing such services compensation and benefits that are at a minimum equivalent to the compensation and benefits provided to a public employee, as defined in the bill, with a position requiring equivalent qualifications and (ii) if a county or city within such transportation district has adopted an ordinance or resolution authorizing collective bargaining by employees of such county or city, require such company to enter into and adhere to a collective bargaining agreement.

Just another set of bricks in the Blue Wall.