General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Labor and Employment


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Labor and Employment

Passed

P HB1160

Employment of children; school bus drivers. Clarifies that persons under age 18 are not permitted to drive school buses.
Patron - Saxman

Failed

F HB152

Governmental employees; meet and confer. Permits employees of the Commonwealth, its political subdivisions, or any governmental agency of any of them, to form associations for the purpose of discussing their interests with their employing agencies whenever such agencies agree to engage in such discussions. Current law permits these governmental employees to form such associations for the purpose of promoting their interests before their employing agencies.
Patron - Poisson

F HB284

Notice to employees; earned income tax credit. Requires employers to provide oral notice to employees that they may be eligible for the earned income tax credit and to post any notice that may be provided by the Department of Social Services informing all employees that they may be eligible for the earned income tax credit. The measure also establishes a fine for noncompliance, which shall be no less than $100 nor more than $250.
Patron - Toscano

F HB297

Government employees associations; use of membership fees. Prohibits an association of governmental employees from using an individual's membership fees to make contributions or expenditures in an attempt to influence an election or to operate a political committee, unless the individual has affirmatively authorized such use of his membership fees.
Patron - Hargrove

F HB792

Parental leave for school involvement. Requires employers to permit employees who are parents or guardians of, or who stand in loco parentis to, a school-aged child to take up to four hours of leave annually in order to attend parent-teacher conferences or to volunteer at the child's school. The employer and employee must mutually agree to the time for the leave, the leave need not be compensated, and the employer may require both 48 hours' advance notice of the leave and written verification from the school of the employee's involvement in the school.
Patron - Englin

F HB852

Collective bargaining for governmental employees. Repeals provisions that prohibit state and local officers, agents, and governing bodies from collectively bargaining with a labor union or other employee association as a bargaining agent of public officers or employees.
Patron - Ebbin

F HB1038

Enforcement of minimum wage law. Establishes a special nonreverting fund into which civil penalties collected by the Commissioner of Labor and Industry shall be deposited. The measure also makes the knowing and intentional failure to pay minimum wage as required by state law a Class 1 misdemeanor if the wages not paid are less than $10,000, and a Class 6 felony if the wages not paid are $10,000 or more.
Patron - Jones, D.C.

F HB1047

Document verification for employment of illegal immigrants; penalty. Provides that each day of continued unlawful employment of an alien worker, each alien who cannot provide documents indicating that he is legally eligible for employment in the United States, or of false representation that an alien worker has documentation indicating that he is legally eligible for employment in the United States constitutes a separate civil offense punishable by a $100 civil penalty. The measure also (i) makes it a Class 1 misdemeanor to falsely represent that an alien worker has documentation indicating that he is legally eligible for employment and (ii) amends the existing prohibition on employing such aliens to provide that it is unlawful to continue employing such person who cannot provide the required documentation of eligibility.
Patron - Watts

F HB1249

Unfair employment practices; discharging employees when unauthorized aliens are employed. States that it is an unfair employment practice for an employer to knowingly employ any unauthorized alien within the Commonwealth. An employee who is replaced by his employer with an unauthorized alien shall have a cause of action against his employer on or after July 1, 2008. Employers that are enrolled and participate in the federal Basic Pilot Program, are exempt from compliance with federal employment verification procedures under federal law, or have obtained certain employment eligibility verification documentation are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney fees and costs.
Patron - Hugo

F SB14

Notice to employees; earned income tax credit. Requires employers to post any notice that may be provided by the Department of Social Services informing all employees that they may be eligible for the earned income tax credit. Establishes a fine for noncompliance, which shall be no less than $100 nor more than $250.
Patron - Edwards

F SB90

Employment; verification of eligibility. Requires employers to participate in an electronic employment verification system or any equivalent federal work authorization program. The measure prohibits an employer from allowing an individual to start work unless the employer has conducted the identity verification process through the electronic employment verification system and has obtained a response that affirmatively verifies that the individual is legally eligible for employment in the United States. Violations are a Class 1 misdemeanor.
Patron - Colgan

Carried Over

C SB223

Payment of wages and salaries; wage payments. Authorizes employers to pay wages and salaries by credit to a prepaid debit card or card account, without the employee's affirmative consent, if the employee fails to designate a financial institution to which payment could be made by electronic automated fund transfer. Currently, payment via prepaid debit card or card account requires the affirmative consent of the employee, though such consent is not required if the employee has not designated a financial institution to which payment by electronic automated fund transfer could be made and the employee is employed at an amusement park.
Patron - McDougle

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