Virginia House Bill 801 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 6-0)
Status: Introduced on January 7 2020 - 25% progression, died in committee
Action: 2020-02-11 - Left in Labor and Commerce
Pending: House Labor and Commerce Committee
Text: Latest bill text (Prefiled) [HTML]

Worker classification; penalties. Prohibits a Worker classification; penalties. Prohibits a contractor from classifying an individual who performs delivery services or construction labor services for the contractor as the contractor's independent contractor if he is an employee of the contractor. An individual performing such services for a contractor shall be presumed to be an employee of the contractor unless it is shown to the satisfaction of the Commissioner of Labor and Industry that (i) the individual has been and will continue to be free from control or direction over the performance of the services performed by the individual for wages, both under his contract of service and in fact; (ii) the services are either outside the usual course of the business for which such services are performed or such services are performed outside of all the places of business of the enterprise for which such services are performed; and (iii) such individual is customarily engaged in an independently established trade, occupation, profession, or business. Other factors applicable to such a determination in the case of an individual performing construction labor services are whether the individual maintained a workplace that is subject to inspection pursuant to occupational safety and health laws and whether the individual has been assigned an experience rating tax rate for purposes of unemployment compensation. Violators are subject to civil penalties and debarment from public contracts. The measure requires a contractor entering into a public contract to provide an affidavit, under penalty of perjury, attesting that (a) each individual performing delivery services or construction labor services is properly classified; (b) the contractor has completed a federal I-9 immigration form and has such form on file for each employee; (c) the contractor has complied with requirements for participation with the E-verify program for each employee; (d) the contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker;

Worker classification; penalties.

Del. Karrie Delaney [D]	Del. Patrick Hope [D]	Del. Clinton Jenkins [D]	Del. Mark Levine [D]
Del. Sam Rasoul [D]	Del. Ibraheem Samirah [D]

2020-01-28 - House - House: Subcommittee recommends laying on the table (7-Y 0-N) (Y: 7 N: 0 NV: 1 Abs: 0) [PASS]

Date	Chamber	Action
2020-02-11	House	Left in Labor and Commerce
2020-01-28	House	Subcommittee recommends laying on the table (7-Y 0-N)
2020-01-16	House	Assigned L & C sub: Subcommittee #1
2020-01-07	House	Referred to Committee on Labor and Commerce
2020-01-07	House	Prefiled and ordered printed; offered 01/08/20 20100296D

Chapter	Article	Section	Citation Type	Statute Text
40	1	116.1	(n/a)	See Bill Text
40	1	116.11	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB801
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB801+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H1401V0023+HB0801