Virginia Senate Bill 34 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 4 2010 - 25% progression, died in chamber
Action: 2010-02-01 - Senate: Continued to 2011 in Commerce and Labor (15-Y 0-N)
Text: Latest bill text (Prefiled) [HTML]

Worker Misclassification Act; penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party which pays that remuneration, for purposes of Titles 40.1 (Labor and Employment), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown to the satisfaction of the Department of Labor and Industry that (i) the individual has been and will continue to be free from direction and control of the employer, both under his contract of service and in fact, (ii) the service is outside the usual course of the business of the employer, and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business, both under his contract of service and in fact. Discrimination or taking adverse action against any person in retaliation for exercising rights protected under this measure is also prohibited. Violators are subject to criminal penalties, civil penalties, debarment from public contracts, private actions, and stop-work orders.

Worker Misclassification Act; created.

Sen. Louise Lucas [D]

2010-02-01 - Senate - Senate: Continued to 2011 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2010-02-01		Senate: Continued to 2011 in Commerce and Labor (15-Y 0-N)
2010-01-04		Senate: Referred to Committee on Commerce and Labor
2010-01-04		Senate: Prefiled and ordered printed; offered 01/13/10 10101134D

Chapter	Article	Section	Citation Type	Statute Text
40	1	28.13	(n/a)	See Bill Text
40	1	28.22	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?101+sum+SB34
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+SB34+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+S02V0029+SB0034