Va. Code Ann. § 40.1-6 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-6
Powers and duties of Commissioner
Status: in_force

The Commissioner shall:

1. Have general supervision and control of the Department;

2. Enforce the provisions of this title and shall cause to be prosecuted all violations of law relating to employers or business establishments before any court of competent jurisdiction;

3. Make such rules and regulations as may be necessary for the enforcement of this title and procedural rules as are required to comply with the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). All such rules and regulations shall be subject to Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2;

4. In the discharge of his duties, have power to take and preserve testimony, examine witnesses, and administer oaths and to file a written or printed list of relevant interrogatories and require full and complete answers to the same to be returned under oath within 30 days of the receipt of such list of questions;

5. Have power to appoint such representatives as may be necessary to aid the Commissioner in his work, with the duties of such representatives to be prescribed by the Commissioner;

6. Determine the prevailing wage required to be paid under a public contract for public works as provided in § 2.2-4321.3 and perform all other duties imposed on the Commissioner under such section. Any determination of the prevailing wage rate made by the Commissioner shall be based on a survey of wages and benefits paid in each area, as defined in § 2.2-4321.3 , conducted once every three years. Prevailing wage rates shall be determined for each construction type, as defined in § 2.2-4321.3 , pursuant to this subdivision. For the purposes of this subdivision, "area" and "construction type" have the same meanings as provided in § 2.2-4321.3 .

a. For the purposes of making wage determinations, the Commissioner shall conduct a continuing program to obtain and compile wage rate information. In determining prevailing wage rates at the time of issuing a wage determination, the Commissioner shall use the same definition of "prevailing wage" as provided in 29 C.F.R. § 1.2 as of January 20, 2026, and the requirements of this subdivision.

b. The Commissioner shall encourage voluntary submission of wage rate data by contractors, contractors' associations, labor organizations, public officials, and other interested parties, reflecting wage rates paid to laborers and mechanics for various construction types in the area. The Commissioner may also obtain data from state agencies on wage rates paid for construction projects under their jurisdiction, and such data shall reflect the wage rates paid to employees for a particular construction type in the area, the construction types for which such rate or rates shall be paid, and whether such wage rates were paid pursuant to the provisions of § 2.2-4321.3 .

c. The following information may be considered by the Commissioner in determining a prevailing wage rate: (i) statements showing wage rates paid on projects, including the names and addresses of contractors and subcontractors; (ii) statements showing the locations, approximate costs, dates of construction, and construction types and projects; (iii) statements showing the number of workers employed in each classification on each project and the respective wage rates paid to such workers; (iv) signed collective bargaining agreements, for which the Commissioner may request that the parties to such agreements submit statements certifying their scope and application; (v) prevailing wage rates determined pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.); and (vi) relevant information obtained from the Department of Transportation.

d. The Commissioner may obtain or supplement information pursuant to this section on a voluntary basis by any means deemed necessary, including through holding hearings.

e. In determining the prevailing wage rate, the Commissioner may treat variable wage rates paid by a contractor or subcontractor to workers within the same wage classification as the same wage rate if the variable wage rates are functionally equivalent, as explained in one or more collective bargaining agreements or written policies otherwise maintained by a contractor or subcontractor;

7. Have power to require that accident, injury, and occupational illness records and reports be kept at any place of employment and that such records and reports be made available to the Commissioner or his duly authorized representatives upon request, and to require employers to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this title;

8. Have power, upon presenting appropriate credentials to the owner, operator, or agent in charge:

a. To enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment where work is performed by an employee of any employer in this Commonwealth; and

b. To inspect and investigate, during regular working hours and at other reasonable times and within reasonable limits and in a reasonable manner, without prior notice unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have power to seek from a court having equity jurisdiction an order compelling such entry or inspection;

9. Make rules and regulations governing the granting of temporary or permanent variances from all standards promulgated by the Board under this title. Any interested or affected party may appeal to the Board, the Commissioner's determination to grant or deny such a variance. The Board may, as it sees fit, adopt, modify, or reject the determination of the Commissioner;

10. Have authority to issue orders to protect the confidentiality of all information reported to or otherwise obtained by the Commissioner, the Board, or the agents or employees of either that contains or might reveal a trade secret. Such information shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. Violations of such orders shall be punishable as civil contempt upon application to the Circuit Court of the City of Richmond. It shall be the duty of each employer to notify the Commissioner or his representatives of the existence of trade secrets where he desires the protection provided herein; and

11. Serve as executive officer of the Virginia Safety and Health Codes Board and see that the rules, regulations, and policies that the Board promulgates are carried out.

Code 1950, § 40-4; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1984, cc. 590, 734; 1987, c. 165; 1997, c. 919 ; 1998, c. 97 ; 2004, c. 592 ; 2020, cc. 1216 , 1243 ; 2026, cc. 662 , 1014 , 1060 .
Va. Code Ann. § 40.1-51.18 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.18
Repealed
Status: repealed

Repealed by Acts 2015, c. 709 , cl. 2.
Va. Code Ann. § 40.1-27 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-27
Preventing employment by others of former employee
Status: in_force

No person doing business in this Commonwealth, or any agent or attorney of such person after having discharged any employee from the service of such person or after any employee shall have voluntarily left the service of such person shall willfully and maliciously prevent or attempt to prevent by word or writing, directly or indirectly, such discharged employee or such employee who has voluntarily left from obtaining employment with any other person. For violation of this section the offender shall be guilty of a misdemeanor and shall, on conviction thereof, be fined not less than $100 nor more than $500. But this section shall not be construed as prohibiting any person from giving on application for any other person a truthful statement of the reason for such discharge, or a truthful statement concerning the character, industry and ability of such person who has voluntarily left.

Code 1950, § 40-22; 1970, c. 321.
Va. Code Ann. § 40.1-28.8 — Virginia Code / Title 40.1 / Chapter 3 / Article 1.1 / Section 40.1-28.8
Short title
Status: in_force

This article shall be known as the Virginia Minimum Wage Act.

1975, c. 530.
Va. Code Ann. § 40.1-4 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-4
Repealed
Status: repealed

Repealed by Acts 1984, c. 734.
Va. Code Ann. § 40.1-49.4 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.4
Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties
Status: in_force

A. 1. If the Commissioner has reasonable cause to believe that an employer has violated any safety or health provision of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation or violations, including a reference to the provision of this title or the appropriate standards, rules or regulations adopted pursuant thereto, and shall include an order of abatement fixing a reasonable time for abatement of each violation.

2. The Commissioner may prescribe procedures for calling to the employer's attention de minimis violations which have no direct or immediate relationship to safety and health.

3. No citation may be issued under this section after the expiration of six months following the occurrence of any alleged violation.

4. (a) The Commissioner shall have the authority to propose civil penalties for cited violations in accordance with subsections G, H, I, and J. In determining the amount of any proposed penalty he shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations. In addition, the Commissioner shall have authority to assess interest on all past-due penalties and administrative costs incurred in the collection of penalties for such violations consistent with § 2.2-4805 .

(b) After, or concurrent with, the issuance of a citation and order of abatement, and within a reasonable time after the termination of an inspection or investigation, the Commissioner shall notify the employer by certified mail, by commercial delivery service with signed and dated acknowledgment of delivery, or by personal service of the proposed penalty or that no penalty is being proposed. The proposed penalty shall be deemed to be the final order of the Commissioner and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the Commissioner in writing that he intends to contest the citation, order of abatement or the proposed penalty or the employee or representative of employees has filed a notice in accordance with subsection B of this section and any such notice of proposed penalty, citation or order of abatement shall so state.

B. Any employee or representative of employees of an employer to whom a citation and order of abatement has been issued may, within 15 working days from the time of the receipt of the citation and order of abatement by the employer, notify the Commissioner, in writing, that they wish to contest the abatement time before the circuit court.

C. If the Commissioner has reasonable cause to believe that an employer has failed to abate a violation for which a citation has been issued within the time period permitted for its abatement, which time shall not begin to run until the entry of a final order in the case of any contest as provided in subsection E of this section initiated by the employer in good faith and not solely for delay or avoidance of penalties, a citation for failure to abate will be issued to the employer in the same manner as prescribed by subsection A. In addition, the Commissioner shall notify the employer by certified mail, by commercial delivery service with signed and dated acknowledgment of delivery, or by personal service of such failure and of the penalty proposed to be assessed by reason of such failure. If, within 15 working days from the date of receipt of the notice of the proposed penalty, the employer fails to notify the Commissioner that he intends to contest the citation or proposed assessment of penalty, the citation and assessment as proposed shall be deemed a final order of the Commissioner and not subject to review by any court or agency.

D. Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the Treasurer of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed assessments of penalties which are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and pay a proposed penalty or a negotiated sum in lieu of such penalty without admission of any civil liability arising from such alleged violation.

Final orders of the Commissioner or the circuit courts may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner or the court as appropriate.

E. Upon receipt of a notice of contest of a citation, proposed penalty, order of abatement or abatement time pursuant to subdivision A 4 (b) or subsection B or C, the Commissioner shall immediately notify the attorney for the Commonwealth for the jurisdiction wherein the violation is alleged to have occurred and shall file a civil action with the circuit court. Upon issuance and service of process, the circuit court shall promptly set the matter for hearing without a jury. The circuit court shall thereafter issue a written order, based on findings of fact and conclusions of law, affirming, modifying or vacating the Commissioner's citation or proposed penalty, or directing other appropriate relief, and such order shall become final 21 days after its issuance. The circuit court shall provide affected employees or their representatives and employers an opportunity to participate as parties to hearings under this subsection.

F. 1. In addition to the remedies set forth above, the Commissioner may file a civil action with the clerk of the circuit court having equity jurisdiction over the employer or the place of employment involved asking the court to temporarily or permanently enjoin any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this title. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. No order issued without prior notice to the employer shall be effective for more than five working days. Whenever and as soon as the Commissioner concludes that conditions or practices described in this subsection exist in any place of employment and that judicial relief shall be sought, he shall immediately inform the affected employer and employees of such proposed course of action.

2. Any court described in this section shall also have jurisdiction, upon petition of the Commissioner or his authorized representative, to enjoin any violations of this title or the standards, rules or regulations promulgated thereunder.

3. If the Commissioner arbitrarily or capriciously fails to seek relief under subdivision 1 of this subsection, any employee who may be injured by reason of such failure, or the representative of such employee, may bring an action against the Commissioner in a circuit court of competent jurisdiction for a writ of mandamus to compel the Commissioner to seek such an order and for such further relief as may be appropriate.

G. Any employer who has received a citation for a violation of any safety or health provision of this title or any standard, rule or regulation promulgated pursuant thereto and such violation is specifically determined not to be of a serious nature may be assessed a civil penalty of up to $12,471, as such amount may be adjusted as provided in subsection P, for each such violation.

H. Any employer who has received a citation for a violation of any safety or health provision of this title or any standard, rule or regulation promulgated pursuant thereto and such violation is determined to be a serious violation shall be assessed a civil penalty of up to $12,471, as such amount may be adjusted as provided in subsection P, for each such violation.

I. Any employer who fails to abate a violation for which a citation has been issued within the period permitted for its abatement (which period shall not begin to run until the entry of the final order of the circuit court) may be assessed a civil penalty of not more than $12,471, as such amount may be adjusted as provided in subsection P, for each day during which such violation continues.

J. Any employer who willfully or repeatedly violates any safety or health provision of this title or any standard, rule or regulation promulgated pursuant thereto may be assessed a civil penalty of not more than $124,709, as such amount may be adjusted as provided in subsection P, for each such violation.

K. Any employer who willfully violates any safety or health provisions of this title or standards, rules or regulations adopted pursuant thereto, and that violation causes death to any employee, shall, upon conviction, be punished by a fine of not more than $70,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. If the conviction is for a violation committed after a first conviction of such person, punishment shall be a fine of not more than $140,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.

L. In any proceeding before a judge of a circuit court parties may obtain discovery by the methods provided for in the Rules of Supreme Court of Virginia.

M. No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section or § 40.1-49.5 .

N. Every official act of the circuit court shall be entered of record and all hearings and records shall be open to the public, except any information subject to protection under the provisions of § 40.1-51.4:1 .

O. The provisions of Chapter 30 (§ 59.1-406 et seq.) of Title 59.1 shall be considered safety and health standards of the Commonwealth and enforced as to employers pursuant to this section by the Commissioner of Labor and Industry.

P. Beginning in 2018, the Commissioner annually shall adjust the maximum civil penalties stated in subsections G through J each year by the percentage increase, if any, in the United States Average Consumer Price Index for all Urban Consumers (CPI-U), as published by the Bureau of Labor Statistics of the United States Department of Labor, from its monthly average for the previous calendar year. The amount of each adjustment to the maximum civil penalties shall be rounded to the nearest whole dollar. The adjustments to the maximum civil penalties shall be effective on each August 1. If the CPI-U is discontinued or revised, such other historical index or computation approved by the Commissioner shall be used for purposes of this section that would obtain substantially the same result as would have been obtained if the CPI-U had not been discontinued or revised.

1979, c. 354; 1982, c. 412; 1989, c. 341; 1991, c. 153; 1992, c. 777; 2005, c. 681 ; 2017, cc. 221 , 263 ; 2023, cc. 100 , 101 .
Va. Code Ann. § 40.1-117 — Virginia Code / Title 40.1 / Chapter 6 / Section 40.1-117
Repealed
Status: repealed

Repealed by Acts 2023, cc. 624 , 625 , cl. 2.
Va. Code Ann. § 40.1-51.9:2 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.9:2
Financial responsibility requirements for contract fee inspectors
Status: in_force

A. Contract fee inspectors inspecting or certifying regulated boilers or pressure vessels in the Commonwealth shall maintain evidence of their financial responsibility, including compensation to third parties, for bodily injury and property damage resulting from, or directly relating to, an inspector's negligent inspection or recommendation for certification of a boiler or pressure vessel.

B. Documentation of financial responsibility, including documentation of insurance or bond, shall be provided to the Chief Inspector within thirty days after certification of the inspector. The Chief Inspector may revoke an inspector's certification for failure to provide documentation of financial responsibility in a timely fashion.

C. The Safety and Health Codes Board is authorized to promulgate regulations requiring contract fee inspectors, as a condition of their doing business in the Commonwealth, to demonstrate financial responsibility sufficient to comply with the requirements of this chapter. Regulations governing the amount of any financial responsibility required by the contract fee inspector shall take into consideration the type, capacity and number of boilers or pressure vessels inspected or certified.

D. Financial responsibility may be demonstrated by self-insurance, insurance, guaranty or surety, or any other method approved by the Board, or any combination thereof, under the terms the Board may prescribe. A contract fee inspector whose financial responsibility is accepted by the Board under this subsection shall notify the Chief Inspector at least thirty days before the effective date of the change, expiration, or cancellation of any instrument of insurance, guaranty or surety.

E. Acceptance of proof of financial responsibility shall expire on the effective date of any change in the inspector's instrument of insurance, guaranty or surety, or the expiration date of the inspector's certification. Application for renewal of acceptance of proof of financial responsibility shall be filed thirty days before the date of expiration.

F. The Chief Inspector, after notice and opportunity for hearing, may revoke his acceptance of evidence of financial responsibility if he determines that acceptance has been procured by fraud or misrepresentation, or a change in circumstances has occurred that would warrant denial of acceptance of evidence of financial responsibility under this section or the requirements established by the Board pursuant to this section.

G. It is not a defense to any action brought for failure to comply with the requirement to provide acceptable evidence of financial responsibility that the person charged believed in good faith that the owner or operator of an inspected boiler or pressure vessel possessed evidence of financial responsibility accepted by the Chief Inspector or the Board.

1996, c. 294 .
Va. Code Ann. § 40.1-51.11:1 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.11:1
Owner-user inspection agencies
Status: in_force

Any person, firm, partnership or corporation operating pressure vessels in this Commonwealth may seek approval and registration as an owner-user inspection agency by filing an application with the chief inspector on forms prescribed and available from the Department, and request approval by the Board. Each application shall be accompanied by a fee as set under subsection A of § 40.1-51.15 and a bond in the penal sum of $5,000 which shall continue to be valid during the time the approval and registration of the company as an owner-user inspection agency is in effect. Applicants meeting the requirements of the rules and regulations for approval as owner-user inspection agencies will be approved and registered by the Board. The Board shall withdraw the approval and registration as an owner-user inspection agency of any person, firm, partnership or corporation which fails to comply with all rules and regulations applicable to owner-user inspection agencies. Each owner-user inspection agency shall file an annual statement as required by the rules and regulations, accompanied by a filing fee as set under subsection A of § 40.1-51.15 .

1974, c. 195; 1986, c. 266; 1997, c. 212 .
Va. Code Ann. § 40.1-61 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-61
Employers not to require abstention from membership or officeholding in union
Status: in_force

No person shall be required by an employer to abstain or refrain from membership in, or holding office in, any labor union or labor organization as a condition of employment or continuation of employment.

Code 1950, § 40-71; 1970, c. 321; 2002, c. 422 .
Va. Code Ann. § 40.1-51.1:1 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.1:1
Repealed
Status: repealed

Repealed by Acts 1979, c. 354.
Va. Code Ann. § 40.1-34 — Virginia Code / Title 40.1 / Chapter 3 / Article 3 / Section 40.1-34
Repealed
Status: repealed

Repealed by Acts 1974, c. 272.
Va. Code Ann. § 40.1-51.12 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.12
Violation for operating boiler or pressure vessel without inspection certificate; civil penalty
Status: in_force

A. After twelve months following July 1, 1972, it shall be unlawful for any person, firm, partnership or corporation to operate in this Commonwealth a boiler or pressure vessel without a valid inspection certificate. Any owner, user, operator or agent of any such person who actually operates or is responsible for operating such boiler or pressure vessel thereof who operates a boiler or pressure vessel without such inspection certificate, or at a pressure exceeding that specified in such inspection certificate shall be in violation of this section and subject to a civil penalty not to exceed $100. Each day of such violation shall be deemed a separate offense.

B. All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shall apply to penalties under this section.

C. Investigation and enforcement for violations of this section shall be carried out by the Department of Labor and Industry. Civil penalties imposed for violations of this section shall be paid into the general fund.

1972, c. 237; 1995, c. 97 .
Va. Code Ann. § 40.1-79.01 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-79.01
Exemptions from chapter generally
Status: in_force

A. Nothing in this chapter, except the provisions of subsection A of § 40.1-100 and §§ 40.1-100.1 , 40.1-100.2 , and 40.1-103 , shall apply to:

1. A child engaged in domestic work when such work is performed in connection with the child's own home and directly for his parent or a person standing in place of his parent;

2. A child employed in occasional work performed outside school hours where such work is in connection with the employer's home but not in connection with the employer's business, trade, or profession;

3. A child 12 or 13 years of age employed outside school hours on farms, in orchards, or in gardens with the consent of his parent or a person standing in place of his parent;

4. A child between the ages of 12 and 18 employed as a page or clerk for either the House of Delegates or the Senate of Virginia;

5. A child participating in the activities of a volunteer emergency medical services agency;

6. A child under 16 years of age employed by his parent in an occupation other than manufacturing; or

7. A child 12 years of age or older employed by an eleemosynary organization or unit of state or local government as a referee for sports programs sponsored by that eleemosynary, state, or local organization or by an organization of referees sponsored by an organization recognized by the United States Olympic Committee under 36 U.S.C. § 220522.

B. Nothing in this chapter, except §§ 40.1-100.1 , 40.1-100.2 , and 40.1-103 , shall be construed to apply to a child employed by his parent or a person standing in place of his parent on farms, in orchards or in gardens owned or operated by such parent or person.

C. Nothing in this chapter, except subsection A of § 40.1-100 and §§ 40.1-100.1 , 40.1-100.2 , 40.1-103 , and 40.1-109.2, shall apply to a child engaged in the work of content creation as described in § 40.1-109.1 . For the purposes of this subsection, a child engaged in the work of content creation shall not be considered to be "employed, permitted, or suffered to work" in any setting described in subsection A of § 40.1-100 solely due to such child's presence in such setting, provided that:

1. Such child is not exposed to a hazard capable of causing serious physical harm or death to such child in violation of § 40.1-100.1 ;

2. Such child is under the direct supervision of an adult who ensures compliance with all applicable safety requirements; and

3. Such child's engagement in the work of content creation does not require direct interaction with hazardous equipment or conditions.

1991, c. 511; 1998, c. 30 ; 2003, c. 380 ; 2015, cc. 502 , 503 ; 2025, cc. 699 , 705 .
Va. Code Ann. § 40.1-65 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-65
Agreement or practice designed to cause employer to violate article declared illegal
Status: in_force

Any agreement, understanding or practice which is designated to cause or require any employer, whether or not a party thereto, to violate any provision of this article is hereby declared to be an illegal agreement, understanding or practice and contrary to public policy.

Code 1950, § 40-74.1; 1954, c. 431; 1970, c. 321.
Va. Code Ann. § 40.1-51.5 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.5
Short title; definitions
Status: in_force

As used in this chapter, which may be cited as the Boiler and Pressure Vessel Safety Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:

(a) "Boiler" means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. The term "boiler" shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves.

1. "Power boiler" means a boiler in which steam or other vapor is generated at a pressure of more than fifteen pounds per square inch gauge pressure.

2. "High pressure, high temperature water boiler" means a water boiler operating at pressures exceeding 160 pounds per square inch gauge pressure or temperatures exceeding 250 degrees Fahrenheit.

3. "Heating boiler" means a steam or vapor boiler operating at pressures not exceeding 15 pounds per square inch gauge pressure, or a hot water boiler operating at pressures not exceeding 160 pounds per square inch gauge pressure or temperature not exceeding 250 degrees Fahrenheit.

means a vessel in which the pressure is obtained from an external source or by the application of heat from an indirect source or from a direct source, other than those vessels defined in subdivision (a) of this section.

(c) "Certificate inspection" means an inspection, the report of which is used by the Chief Inspector to decide whether or not a certificate as provided by § 40.1-51.10 may be issued. This certificate inspection shall be an internal inspection when construction permits; otherwise, it shall be as complete an inspection as possible.

(d) "Board" means the Safety and Health Codes Board.

(e) "Owner-user inspection agency" means any person, firm, partnership or corporation registered with the Chief Inspector and approved by the Board as being legally responsible for inspecting pressure vessels which they operate in Virginia.

(f) "Examining Board" means persons appointed by the Chief Inspector to monitor examinations of inspectors.

(g) "Water heater" means a vessel used to supply (i) potable hot water or (ii) both space heat and potable water in combination which is directly heated by the combustion of fuels, by electricity or any other source and withdrawn for use external to the system at pressures not to exceed 160 pounds per square inch, or temperatures of 210 degrees Fahrenheit.

(h) "Contract fee inspector" means any certified boiler inspector contracted to inspect boilers or pressure vessels on an independent basis by the owner or operator of the boiler or pressure vessel.

1972, c. 237; 1974, c. 195; 1986, c. 211; 1993, c. 543; 1996, c. 294 .
Va. Code Ann. § 40.1-58.1 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-58.1
Application of article to public employers and employees
Status: in_force

As used in this article, the words, "person," "persons," "employer," "employees," "union," "labor union," "association," "organization" and "corporation" shall include but not be limited to public employers, public employees and any representative of public employees in this Commonwealth. The application of this article to public employers, public employees and their representatives shall not be construed as modifying in any way the application of § 40.1-55 to government employees.

1973, c. 79.
Va. Code Ann. § 40.1-29 — Virginia Code / Title 40.1 / Chapter 3 / Article 2 / Section 40.1-29
Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties
Status: in_force

A. As used in this section:

"Employer" has the same meaning as provided in 29 U.S.C. § 203.

"Wages" includes any remuneration an employer owes to an employee, including hourly wages, minimum wages, piece rate wages, day rates, salaries, overtime wages, legally required prevailing wages, commissions, tips, bonuses, and damages available due to the misclassification of an employee in violation of § 40.1-28.7:7 .

B. All employers operating a business or engaging an individual to perform domestic service shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month, except that (i) a student who is currently enrolled in a work-study program or its equivalent administered by any secondary school, institution of higher education, or trade school, and (ii) employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500 , upon agreement by each affected employee, may be paid once each month if the institution or employer so chooses. Upon termination of employment an employee shall be paid all wages due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.

C. Payment of wages shall be (i) in lawful money of the United States, (ii) by check payable at face value upon demand in lawful money of the United States, (iii) by electronic automated fund transfer in lawful money of the United States into an account in the name of the employee at a financial institution designated by the employee, or (iv) by credit to a prepaid debit card or card account from which the employee is able to withdraw or transfer funds with full written disclosure by the employer of any applicable fees and affirmative consent thereto by the employee. However, an employer that elects not to pay wages in accordance with clause (i) or (ii) to an employee who is hired after January 1, 2010, shall be permitted to pay wages by credit to a prepaid debit card or card account in accordance with clause (iv), even though such employee has not affirmatively consented thereto, if the employee fails to designate an account at a financial institution in accordance with clause (iii) and the employer arranges for such card or card account to be issued through a network system through which the employee shall have the ability to make at least one free withdrawal or transfer per pay period, which withdrawal may be for any sum in such card or card account as the employee may elect, using such card or card account at financial institutions participating in such network system.

D. No employer shall withhold any part of the wages of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. On each regular pay date, each employer, other than an employer engaged in agricultural employment including agribusiness and forestry, shall provide to each employee a written statement, by a paystub or online accounting, that shows the name and address of the employer; the number of hours worked during the pay period if the employee is paid on the basis of (i) the number of hours worked or (ii) a salary that is less than the standard salary level adopted by regulation of the U.S. Department of Labor pursuant to § 13(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 213(a)(1), as amended, establishing an exemption from the Act's overtime premium pay requirements; the rate of pay; the gross wages earned by the employee during the pay period; and the amount and purpose of any deductions therefrom. The paystub or online accounting shall include sufficient information to enable the employee to determine how the gross and net pay were calculated. An employer shall keep such paystubs or online accounting for at least three years following the date of the work performed. An employer engaged in agricultural employment including agribusiness and forestry, upon request of its employee, shall furnish the employee a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom.

E. No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.

F. An employer who willfully or with intent to defraud fails or refuses to pay wages, unless the failure to pay was because of a bona fide dispute between the employer and its employee:

1. To an employee or employees is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000; and

2. To an employee or employees is guilty of a Class 6 felony (i) if the value of the wages earned and not paid is $10,000 or more or (ii) regardless of the value of the wages earned and not paid, if the conviction is a second or subsequent conviction under this section or § 40.1-29.3 .

For purposes of this section, the determination as to the "value of the wages earned" shall be made by combining all wages the employer failed or refused to pay.

G. The Commissioner may initiate an investigation upon the receipt of a complaint from an employee or an interested third party, or at the Commissioner's discretion. The Commissioner shall not disclose a complainant's or witness's identity unless the complainant or witness consents to such disclosure. The Commissioner may commence administrative proceedings or refer the matter to the Attorney General, who may bring a civil action to enforce compliance with this section, and upon the reasonable and good-faith belief of wage violations to remedy the failure to pay wages, including violations of this section, § 2.2-4321.3 or 40.1-28.7:7 , the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), or § 40.1-29.2 or 40.1-29.3 . The Commissioner may seek and collect any wages unlawfully withheld from any employee and all damages and penalties available under subsection K. Such wages and damages shall be paid as restitution to any affected employee entitled thereto, and such penalties may be paid to any affected employee or the Commonwealth. The Commissioner may require an employer or employee to submit a statement or report in writing under oath as to all necessary information, examine under oath any person alleged to have participated in or have knowledge relevant to the investigation, and issue subpoenas. Following the issuance of a final order by the Commissioner or a court, the Commissioner or the Attorney General may engage private counsel, approved by the Attorney General, to collect any moneys owed to the employee or the Commonwealth. Upon entry of a final order of the Commissioner, or upon entry of a judgment, against the employer, the Commissioner or the court shall assess reasonable attorney fees.

H. In addition to being subject to any other penalty provided by the provisions of this section, any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest at an annual rate of eight percent accruing from the date the wages were due.

I. Any employer who knowingly fails to make payment of wages shall be subject to a civil penalty not to exceed $1,000 for each violation. The Commissioner shall notify any employer that the Commissioner alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the State Treasurer. The Commissioner shall prescribe procedures for the payment of proposed assessments of penalties that are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and pay a proposed penalty or a negotiated sum in lieu of such penalty without admission of any civil liability arising from such alleged violation.

J. Final orders of the Commissioner, the general district courts, or the circuit courts may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner or the court as appropriate.

K. In addition to any civil or criminal penalty provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, if an employer fails to pay wages to an employee in accordance with this section or violates any provision of § 2.2-4321.3 or 40.1-28.7:7 , the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), or § 40.1-29.2 or 40.1-29.3 , the employee may bring an action, individually, jointly, with other aggrieved employees, or on behalf of similarly situated employees as a collective action consistent with the collective action procedures of the Fair Labor Standards Act, 29 U.S.C. § 216(b), against the employer in a court of competent jurisdiction to recover payment of the wages, and the court shall award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon as provided in subsection H, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.

L. As used in this section, a person acts "knowingly" if the person, with respect to information, (i) has actual knowledge of the information, (ii) acts in deliberate ignorance of the truth or falsity of the information, or (iii) acts in reckless disregard of the truth or falsity of the information. Establishing that a person acted knowingly shall not require proof of specific intent to defraud.

M. An action under this section shall be commenced within three years after the cause of action accrued. The period for filing is tolled upon the filing of an administrative action under subsection G until the employee has been informed that the action has been resolved or until the employee has withdrawn the complaint, whichever is sooner.

N. Upon referral from the Commissioner, the Attorney General may investigate and bring a civil action in a court of competent jurisdiction against an employer for a violation of this section, § 2.2-4321.3 or 40.1-28.7:7 , the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.), or § 40.1-29.2 or 40.1-29.3 for restitution or for injunctive, compensatory, or other authorized relief for any affected employees or for the public interest. The Attorney General may require an employer or employee to submit a statement or report in writing under oath as to all necessary information, examine under oath any person alleged to have participated in or have knowledge of the violation, and issue subpoenas. Upon prevailing in a civil action under this section, the Attorney General shall be entitled to reasonable attorney fees and costs, statutory penalties equal to any administrative penalties provided by law, and, on behalf of affected employees, the payment of wages unlawfully withheld, additional damages to the same extent as would be available if the employee brought the civil action, and equitable relief as may be appropriate.

O. In no civil action brought under this section shall an employee be awarded an amount already recovered on their behalf by the Attorney General or the Commissioner for the same violation. In no administrative action brought under this section shall the Commissioner be awarded an amount already recovered by an employee or the Attorney General for the same violation. In no civil action brought under this section shall the Attorney General recover an amount already recovered by the Commissioner or an employee for the same violation.

P. In any action to recover unpaid wages commenced on or after July 1, 2026, if the employer shows to the satisfaction of the court or the Commissioner that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that his act or omission was not in violation of this article, the court or the Commissioner shall not award any additional damages or impose any additional penalties. An employer shall not claim the good faith defense unless such employer cures the violation within 14 days of being notified of the violation by paying all wages unlawfully withheld.

Code 1950, § 40-24; 1962, c. 66; 1966, c. 88; 1968, c. 262; 1970, c. 321; 1972, c. 848; 1977, c. 308; 1979, c. 50; 1989, c. 583; 1991, c. 499; 1993, c. 600; 2002, c. 321 ; 2003, c. 638 ; 2004, c. 358 ; 2005, cc. 595 , 851 ; 2009, c. 728 ; 2016, c. 593 ; 2019, cc. 836 , 845 ; 2020, cc. 202 , 868 , 1038 ; 2021, Sp. Sess. I, cc. 445 , 513 ; 2022, cc. 461 , 462 ; 2026, c. 1040 .
Va. Code Ann. § 40.1-90 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-90
Repealed
Status: repealed

Repealed by Acts 1991, c. 511.
Va. Code Ann. § 40.1-49.1 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.1
Repealed
Status: repealed

Repealed by Acts 1976, c. 607.
Va. Code Ann. § 40.1-49 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49
Repealed
Status: repealed

Repealed by Acts 1973, c. 425.
Va. Code Ann. § 40.1-51.19:1 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 2 / Section 40.1-51.19:1
Definitions
Status: in_force

As used in this article:

"Hobby boiler" means any boiler used solely for demonstration, exhibition, ceremonial or educational purposes, including but not limited to, historical artifacts such as portable and stationary show boilers, farm traction engines, and locomotives.

"Model boiler" means any boiler fabricated to demonstrate an original design or to reproduce or replicate a historic artifact, and used primarily for demonstration, exhibition, or educational purposes.

1999, c. 335 ; 2000, c. 898 .
Va. Code Ann. § 40.1-96 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-96
Contents of employment certificates
Status: in_force

The employment certificate required to be issued shall state the name, sex, date of birth, and place of residence of the child. It shall certify that all the conditions and requirements for issuing an employment certificate under the provisions of this chapter have been fulfilled and shall be signed by the Commissioner. It shall state the kind of evidence of age accepted for the employment certificate. Except for work coming within one of the exceptions in § 40.1-79.01 , the certificate shall show the name and address of the employer for whom and the nature of the specific occupation in which the employment certificate authorizes the child to be employed and shall be valid only for the occupation so designated. It shall bear a number, shall show the date of its issue, and shall be signed by the child for whom it is issued by means specified by the Commissioner. The employment certificate shall be issued to the employer, by means specified by the Commissioner, on or prior to the first day of employment. The employer and Commissioner shall retain a manual or electronic copy of the certificate, so long as the youth is employed or for a period of 36 months, whichever is longer.

Code 1950, § 40-105; 1960, c. 434; 1970, c. 321; 1978, c. 596; 1991, c. 511; 2013, c. 15 .
Va. Code Ann. § 40.1-52 — Virginia Code / Title 40.1 / Chapter 4 / Article 1 / Section 40.1-52
Authority of labor unions to own, encumber and sell real estate
Status: in_force

The trustees of any unincorporated association organized for mutual benefit and chartered as a labor union for the purpose of collective bargaining and other lawful functions of labor unions, as defined by the laws of this Commonwealth, and having a duly authorized charter as a local labor union, from either a state or national labor organization, shall have the right to own, possess, improve, sell or mortgage real estate. Such real estate can be acquired for any lawful purpose whatsoever.

Property acquired by an unincorporated association under the provisions of this section can be sold, mortgaged or the title transferred by such trustees in the same manner and to the same extent as if such trustees were natural persons acting for themselves in their individual capacity, under the laws of this Commonwealth.

The provisions of this section shall apply to any real estate acquired prior to July 1, 1997, by any such unincorporated association, provided such real estate is real estate that could be legally acquired by such unincorporated association, if acquired after such date.

Code 1950, § 40-63; 1966, c. 382; 1970, c. 321; 1997, c. 761 .
Va. Code Ann. § 40.1-49.3 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.3
Definitions
Status: in_force

For the purposes of §§ 40.1-49.4 , 40.1-49.5 , 40.1-49.6 , 40.1-49.7 , and 40.1-51.1 through 40.1-51.3 the following terms shall have the following meanings:

"Commission" means the Virginia Workers' Compensation Commission.

"Commissioner" means the Commissioner of Labor and Industry. Except where the context clearly indicates the contrary, any reference to Commissioner shall include his authorized representatives.

"Employee" means an individual who is employed by an employer.

"Employer" means any person that (i) is engaged in business or engages an individual to perform domestic service and (ii) has employees. "Employer" does not include the United States.

"Occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

"Serious violation" means a violation deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

"Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.

"Circuit court" means the circuit court of the city or county wherein the violation of this title or any standard, rule or regulation issued pursuant thereto is alleged to have occurred. Venue shall be determined in accordance with the provisions of §§ 8.01-257 through 8.01-267 .

1979, c. 354; 1992, c. 777; 2021, Sp. Sess. I, cc. 509 , 513 .
Va. Code Ann. § 40.1-32 — Virginia Code / Title 40.1 / Chapter 3 / Article 2 / Section 40.1-32
Partial assignments invalid
Status: in_force

No partial assignment of wages shall be enforceable at law or in equity; provided, however, that an assignment of all wages over and above the exemption provided in § 34-29 shall not be considered a partial assignment under the provisions of this section.

Code 1950, § 40-31; 1970, c. 321.
Va. Code Ann. § 40.1-1 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-1
Department continued; powers and duties generally; delegation of authority concerning occupational health
Status: in_force

The Department of Labor and Industry, hereinafter referred to as the Department, is continued as a department of the state government; the Department shall be responsible for discharging the provisions of Title 40.1. All powers and duties conferred and imposed on the Bureau of Labor and Industry by any other law are hereby conferred upon and vested in the Department of Labor and Industry. The Department shall be responsible for administering and enforcing occupational safety and occupational health activities as required by the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), in accordance with the state plan for enforcement of that act; however, nothing in the occupational safety and health provisions of this title or regulations adopted hereunder shall apply to working conditions of employees or duties of employers with respect to which the Federal Occupational Safety and Health Act of 1970 does not apply by virtue of § 4(b)(1) of the federal act.

Code 1950, § 40-1; 1962, c. 66; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1979, c. 354; 1984, c. 590; 1985, c. 449; 1995, c. 373 .
Va. Code Ann. § 40.1-51.9 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.9
Employment and appointment of inspectors and other personnel; inspections; reports
Status: in_force

The Commissioner is authorized to employ persons to enforce the provisions of this chapter and the regulations of the Board. He shall be authorized to require examinations or other information which he deems necessary to aid him in determining the fitness, competency, and professional or technical expertise of any applicant to perform the duties and tasks to be assigned.

The Commissioner is authorized to appoint a Chief Inspector and to certify special inspectors who shall meet all qualifications set forth by the Commissioner and the Board. Special inspectors shall be authorized to inspect specified premises and without cost or expense to the Commonwealth. Reports of all violations of the regulations or of this chapter shall be immediately made to the Commissioner. Other reports shall be made as required by the Commissioner.

1972, c. 237; 1974, c. 195; 1995, c. 97 .
Va. Code Ann. § 40.1-49.8 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.8
Inspections of workplace
Status: in_force

In order to carry out the purposes of the occupational safety and health laws of the Commonwealth and any such rules, regulations, or standards adopted in pursuance of such laws, the Commissioner, upon representing appropriate credentials to the owner, operator, or agent in charge, is authorized, with the consent of the owner, operator, or agent in charge of such workplace as described in subdivision 1, or with an appropriate order or warrant:

1. To enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed, including any place where an individual is engaged to perform domestic service, by an employee of an employer; and

2. To inspect, investigate, and take samples during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee.

1979, c. 533; 1987, c. 643; 2021, Sp. Sess. I, cc. 509 , 513 .
Va. Code Ann. § 40.1-109.2 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-109.2
Child engaged in the work of content creation; trust account
Status: in_force

A. A child engaged in the work of content creation as described in subsection A of § 40.1-109.1 shall be compensated by the content creator. The content creator shall set aside gross earnings on the video content that includes the likeness, name, or photograph of the child in a trust account to be preserved for the benefit of the child upon attaining 18 years of age or having been declared emancipated, according to the following distribution:

1. Where only one child meets the content threshold described in § 40.1-109.1 , the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the child that is equal to or greater than half of the content percentage that includes the child as described in § 40.1-109.1 ; or

2. Where more than one child meets the content threshold described in § 40.1-109.1 and a video segment includes more than one of those children, the percentage described in subdivision 1 for all children in any segment shall be equally divided among the children, regardless of differences in percentage of content provided by the individual children.

B. A trust account required under this section shall provide, at a minimum, the following:

1. That the funds in the account shall be available only to the child engaged in the work of content creation;

2. That the account shall be held by a financial institution, corporate fiduciary, or trust company;

3. That the funds in the account shall become available to the child engaged in the work of content creation upon the child attaining the age of 18 years or when the child is declared emancipated; and

4. That the account meets the requirements of the Virginia Uniform Transfers to Minors Act (§ 64.2-1900 et seq.).

C. If a content creator knowingly or recklessly violates this section, a child engaged in the work of content creation as described in subsection A of § 40.1-109.1 , or his parent or guardian on behalf of such child, may commence an action to enforce the provisions of this section regarding the trust account. The court may award, to a child who prevails in any action brought in accordance with this section, the following damages: (i) compensatory damages; (ii) punitive damages; and (iii) the costs of the action, including reasonable attorney fees and costs. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.

D. This section does not affect any right or remedy available under any other provision of law.

E. Nothing in this section shall be construed to have any effect on a party that is neither the content creator nor the child engaged in the work of content creation.

2025, cc. 699 , 705 .
Va. Code Ann. § 40.1-86 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-86
Repealed
Status: repealed

Repealed by Acts 1979, c. 219.
Va. Code Ann. § 40.1-11.1 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-11.1
Employment of illegal immigrants
Status: in_force

It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.

Permits issued by the United States Department of Justice authorizing an alien to work in the United States shall constitute proof of eligibility for employment.

All employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective employees if they are legally eligible for employment in the United States.

The provisions of this section shall not be deemed to require any employer to use employment application forms.

1977, c. 438; 1979, c. 472.
Va. Code Ann. § 40.1-81 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-81
Repealed
Status: repealed

Repealed by Acts 1972, c. 480.
Va. Code Ann. § 40.1-2.1 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-2.1
Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees
Status: in_force

The provisions of this title and any rules and regulations promulgated pursuant thereto shall not apply to the Commonwealth or any of its agencies, institutions, or political subdivisions, or any public body, unless, and to the extent that, coverage is extended by specific regulation of the Commissioner or the Board. The Commissioner is authorized to establish and maintain an effective and comprehensive occupational safety and health program applicable to employees of the Commonwealth, its agencies, institutions, political subdivisions, or any public body. Such program shall be subject to any State plan submitted to the federal government for State enforcement of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), or any other regulation promulgated under Title 40.1. The Commissioner or the Board shall establish procedures and adopt regulations for enforcing the program that shall include provisions for (i) the issuance of proposed penalties; (ii) the payment of such penalties or a negotiated sum in lieu of such penalties; (iii) the deposit of such payments into the general fund of the state treasury; (iv) fair hearings, including judicial review; and (v) other sanctions to be applied for violations.

1973, c. 425; 2016, c. 526 .
Va. Code Ann. § 40.1-51.39 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.39
Penalties; chapter not to affect right to relief or to maintain action
Status: in_force

A. Any owner violating any provision of this chapter, Board regulation, or order of the Commissioner shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 for each violation within the discretion of the court. Each day of continued violation after conviction shall constitute a separate offense.

B. Nothing in this chapter shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property.

1992, c. 541.
Va. Code Ann. § 40.1-51.3:1 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.3:1
Penalty for giving advance notice of safety or health inspection under this title
Status: in_force

Any person who gives advance notice of any safety or health inspection to be conducted under the provisions of this title without authority of the Commissioner or his authorized representative shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment.

1973, c. 425; 1994, c. 28 .
Va. Code Ann. § 40.1-22.1 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-22.1
Governor authorized to enter certain agreements
Status: in_force

The Governor of Virginia is hereby authorized to enter into:

1. Such agreements with the United States Occupational Safety and Health Administration as are necessary to provide training for the employees of the Virginia Department of Labor and Industry and other appropriate agencies of the Commonwealth to assist in the enforcement of Public Law 91-596.

2. Reciprocal agreements with the appropriate authorities of any state within the United States and of the District of Columbia, with respect to the collection of claims for wages and other demands upon claims filed with the Department of Labor and Industry.

1976, c. 607; 1997, c. 282 .
Va. Code Ann. § 40.1-72 — Virginia Code / Title 40.1 / Chapter 4 / Article 4 / Section 40.1-72
Commissioner to notify Governor of disputes; mediation and conciliation
Status: in_force

Upon receipt of notice of any labor dispute affecting operation of the utility, the Commissioner shall forthwith notify the Governor and inform him of the nature of the dispute. If the Governor deems it necessary the Commissioner, or his designated agent, shall offer to meet and confer with the parties in interest and undertake to mediate and conciliate their differences. If the Governor deems it advisable, it shall be the duty of the utility and its employees, or designated representatives, to meet and confer with the Commissioner or his agent, at a time and place designated by the Commissioner, for the purpose of mediating and conciliating their differences.

Code 1950, § 40-95.3; 1952, c. 697; 1966, c. 92; 1970, c. 321.
Va. Code Ann. § 40.1-51.41 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.41
Local ordinances
Status: in_force

A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.

B. The governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to areas covered by asbestos NESHAP after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. The Board shall not approve any local ordinance less stringent than the pertinent regulations of the Board.

1992, c. 541.
Va. Code Ann. § 40.1-28.7 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7
Repealed
Status: repealed

Repealed by Acts 1985, c. 421.
Va. Code Ann. § 40.1-115 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-115
School attendance
Status: in_force

Nothing contained in this chapter shall be construed as qualifying in any way the provisions of the compulsory education laws of this Commonwealth, nor as authorizing the employment of any child who is absent unlawfully from school.

Code 1950, § 40-121; 1970, c. 321.
Va. Code Ann. § 40.1-51.19:2 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 2 / Section 40.1-51.19:2
Applicability
Status: in_force

Hobby and model boilers may continue in operation but shall be in compliance with the provisions of this article by July 1, 2000.

1999, c. 335 ; 2000, c. 898 .
Va. Code Ann. § 40.1-51.17 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.17
Effect of chapter on local ordinances and regulations
Status: in_force

Nothing in this chapter shall be construed as repealing any valid local ordinance or regulation now in effect adopted pursuant to general law or charter provision; provided, however, that if any such ordinance or regulation is less strict than any standard rule or regulation promulgated or adopted by the Board, then such ordinance or regulation shall be superseded by the applicable standard or regulation of the Board except as provided in § 40.1-51.19 .

1972, c. 237.
Va. Code Ann. § 40.1-101 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-101
Qualifications as to theaters
Status: in_force

Notwithstanding the provisions of §§ 40.1-100 and 40.1-100.1 , a child under sixteen years of age, whether a resident or nonresident of the Commonwealth, may be employed, permitted or suffered to participate in the presentation of a drama, play, performance, concert or entertainment, provided the management of the theater or other public place where such performance is to be held in the Commonwealth shall secure a permit from the Commissioner; provided, that no such permit shall be required for any nonprofit dance or music recital, nor for any television or radio broadcast in which the children participating are selected by the television or radio broadcasting station for sustaining noncommercial programs.

Code 1950, § 40-110; 1960, c. 434; 1970, c. 321; 1973, c. 13; 1979, c. 348; 1991, c. 511.
Va. Code Ann. § 40.1-80.1 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-80.1
Employment of children
Status: in_force

A. Except as provided in §§ 40.1-79.01 , 40.1-88 , 40.1-102 , 40.1-109 , 40.1-109.1 , and 40.1-109.2 , no child under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation more than the number of hours per week or more than the number of hours per day or during the hours of the day that the Commissioner shall determine by regulations to be detrimental to the lives, health, safety, or welfare of children. These regulations shall incorporate the standards contained in regulations promulgated by the U.S. Secretary of Labor pursuant to the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) concerning the number of hours per week, hours per day, and the hours of the day that children under the age of 16 may work in, about, or in connection with, any gainful occupation.

B. No child shall be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.

1991, c. 511; 2025, cc. 699 , 705 .
Va. Code Ann. § 40.1-141 — Virginia Code / Title 40.1 / Chapter 9 / Section 40.1-141
Enforcement
Status: in_force

The Attorney General or any aggrieved person may cause an action to be brought in the circuit court of the city or county in which a violation of this chapter has occurred for the issuance of an injunction to enjoin and restrain the continuance of such violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated this chapter, an injunction may be issued by such court enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The circuit court having jurisdiction may enjoin such violations, notwithstanding the existence of an adequate remedy at law.

2001, c. 742 .
Va. Code Ann. § 40.1-54.2 — Virginia Code / Title 40.1 / Chapter 4 / Article 1 / Section 40.1-54.2
Strikes and work stoppages at hospitals prohibited; penalty
Status: in_force

No employee of any hospital shall engage in any strike or work stoppage at such hospital which in any way interferes with the operation of such hospital.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished accordingly.

Notwithstanding the penalties herein provided, any court of general equity jurisdiction may enjoin conduct proscribed by this section.

Code 1950, § 40-64.3; 1970, c. 720.
Va. Code Ann. § 40.1-53 — Virginia Code / Title 40.1 / Chapter 4 / Article 1 / Section 40.1-53
Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction
Status: in_force

No person shall singly or in concert with others interfere or attempt to interfere with another in the exercise of his right to work or to enter upon the performance of any lawful vocation by the use of force, threats of violence or intimidation, or by the use of insulting or threatening language directed toward such person, to induce or attempt to induce him to quit his employment or refrain from seeking employment.

No person shall engage in picketing by force or violence, or picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or obstruct or interfere with free use of public streets, sidewalks or other public ways.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and punished accordingly.

Notwithstanding the punishments herein provided any court of general equity jurisdiction may enjoin picketing prohibited by this section, and in addition thereto, may enjoin any picketing or interference with lawful picketing when necessary to prevent disorder, restrain coercion, protect life or property, or promote the general welfare.

Code 1950, § 40-64; 1952, c. 674; 1970, c. 321; 1974, c. 254.
Va. Code Ann. § 40.1-11 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-11
Using or revealing information gathered
Status: in_force

Neither the Commissioner nor any employee of the Department shall make use of or reveal any information or statistics gathered from any person, company or corporation for any purposes other than those of this title.

Code 1950, § 40-9; 1962, c. 66; 1970, c. 321; 1984, c. 590.
Va. Code Ann. § 40.1-33.6:3 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1:1 / Section 40.1-33.6:3
(Effective July 1, 2027) Use of paid sick leave
Status: in_force

A. Paid sick leave shall be provided to an employee by an employer for:

1. An employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care;

2. Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care; or

3. Absence due to domestic violence, sexual assault, or stalking, provided that the leave is to allow the employee to seek or obtain medical care, mental health care, counseling, legal services, relocation or securing of an existing home, or other victim services for the employee or the employee's family member.

B. Paid sick leave shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.

C. When the use of paid sick leave is foreseeable, the employee shall make a good faith effort to provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.

D. An employer that requires notice of the need to use paid sick leave shall provide a written policy that contains procedures for its employees to provide notice. An employer that has not provided to an employee a copy of its written policy for providing such notice shall not deny paid sick leave to the employee based on noncompliance with such a policy.

E. An employer shall not require, as a condition of an employee's taking paid sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave. An employer shall not require an employee to work an alternate shift to make up for the use of sick leave.

F. An employer may require paid sick leave to be used in increments, provided that the minimum increment shall be no greater than four hours.

G. An employer shall not require disclosure of details of health information about an employee or an employee's family member or details of domestic violence, sexual assault, or stalking as a condition of providing paid sick leave under this article. Unless otherwise required by law, an employer who possesses health, domestic violence, sexual assault, or stalking information about an employee or an employee's family member shall treat such information as confidential and shall not disclose such information except to the employee or with the consent of the employee.

H. For paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is required to be provided as set forth in subsection A. For the use of paid sick leave related to subdivision A 1 or 2, documentation signed by a health care professional indicating that paid sick leave is necessary shall be considered reasonable documentation for purposes of this subsection. For the use of paid sick leave related to subdivision A 3, (i) a police report indicating domestic violence, sexual assault, or stalking; (ii) a court document indicating the employee is involved in legal action related to domestic violence, sexual assault, or stalking; (iii) documentation from a victim services advocate, the employee's attorney, a member of the clergy, or a health care professional that the employee is or was receiving services related to domestic violence, sexual assault, or stalking; or (iv) the employee's written statement that the use of paid sick leave is for one of the purposes described in subdivision A 3 shall be considered reasonable documentation for purposes of this subsection.

2026, cc. 1128 , 1129 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 40.1-51.29 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.29
Decision of Commissioner pursuant to hearing
Status: in_force

Any decision by the Commissioner rendered pursuant to hearings under § 40.1-51.28 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the decision is based. Certified copies of the written decisions shall be delivered or mailed by certified mail to the parties affected by it. Failure to comply with this section shall render such decision invalid.

1992, c. 541.
Va. Code Ann. § 40.1-28 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28
Unlawful to require payment for medical examination as condition of employment
Status: in_force

It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer as a condition of employment.

Any employer who violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail or overnight delivery service. Such notice shall contain a description of the alleged violation. Within 21 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. If the employer fails to contest the violation by requesting such an informal conference within 21 days following its receipt of the notice of the alleged violation, the violation and proposed penalty will become a final order of the Commissioner and not subject to review by any court or agency except upon a showing of good cause. Such informal conference shall result in a decision by the Commissioner that will be appealable to the appropriate circuit court. The Department shall send a copy of the Commissioner's decision to the employer by certified mail or overnight delivery service. The employer may file a notice of an appeal only within 30 days from the receipt of the decision. The appeal shall be on the agency record. With respect to matters of law, the burden shall be on the party seeking review to designate and demonstrate an error of law subject to review by the court. With respect to issues of fact, the duty of the court shall be limited to ascertaining whether there was substantial evidence in the record to reasonably support the Commissioner's findings of fact.

Civil penalties owed under this section shall be paid to the Commissioner for deposit into the general fund of the Treasury of the Commonwealth. The Commissioner shall prescribe procedures for the payment of proposed penalties which are not contested by employers.

Code 1950, § 40-22.1; 1952, c. 525; 1962, c. 66; 1970, c. 321; 1973, c. 425; 1982, c. 84; 2015, c. 285 .
Va. Code Ann. § 40.1-28.7:6 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:6
Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
Status: in_force

A. Any employee who is a volunteer member of the Civil Air Patrol shall be entitled to leaves of absence from his employment without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which such employee is (i) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays per federal fiscal year.

B. Any employee requesting leave pursuant to this section shall provide (i) certification that the employee has been authorized by the United States Air Force, the Governor, or a department, division, agency, or political subdivision of the state to respond to or train for an emergency mission and (ii) verification from the Civil Air Patrol of the emergency need of the employee's volunteer service.

C. An employer may treat leaves of absence pursuant to this section as unpaid leave. No employer shall require an employee to exhaust any other leave to which the employee is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer from providing paid leave during such leaves of absence.

D. Any employee aggrieved by a violation of any provision of this section may bring a civil action to enforce such provision. Any employee who is successful in such action shall be entitled to recover only lost wages, reasonable attorney fees, and court costs incurred in such action.

2018, c. 277 .
Va. Code Ann. § 40.1-33.6:1 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1:1 / Section 40.1-33.6:1
(Effective July 1, 2027) Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Domestic partner" means a person not younger than 18 years of age who (i) is dependent upon an employee for support as shown by either unilateral dependence or mutual interdependence that is evidenced by a nexus of factors, including (a) common ownership of real or personal property, (b) common householding, (c) children in common, (d) signs of intent to marry, (e) shared budgeting, and (f) the length of the personal relationship with the employee, or (ii) has registered as the domestic partner of the employee with any registry of domestic partnerships maintained by the employer of either party, or in any state, county, city, town, or village in the United States.

"Domestic violence" has the same meaning as provided in subdivision 7 of § 38.2-508 .

"Employee" has the same meaning as provided in § 40.1-2 , except that for the purposes of this article, "employee" does not include an employee as that term is defined in § 40.1-33.3 .

"Employer" has the same meaning as provided in § 40.1-2 , except that for the purposes of this article, (i) beginning July 1, 2027, "employer" means an employer of at least 50 employees; (ii) beginning January 1, 2028, "employer" means an employer of at least 25 employees; and (iii) beginning January 1, 2029, "employer" means an employer of at least one employee. Notwithstanding the provisions of § 40.1-2.1 , "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions. However, to the extent that any conflict exists between this article and Chapter 11 (§ 51.1-1100 et seq.) of Title 51.1, the provisions of such chapter shall control.

"Family member" means a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including those with step, foster, or adopted relationships, and includes any individual (i) who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for such individual and (ii) who depends on the employee for care.

"Family member" does not include any individual who simply resides in the home with no expectation that the employee care for the individual.

"Paid sick leave" means leave that is compensated at the employer's regular rate as defined in subdivision B of § 40.1-29.3 and is provided by an employer to an employee for the purposes described in § 40.1-33.6:3; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.

"Retaliatory action" means a denial of any benefit provided pursuant to this article; any threat, discharge, suspension, demotion, or reduction of hours; or the taking of any other adverse action against an employee as a result of the employee's exercise of any paid sick leave benefits. "Retaliatory action" includes interference with or punishment for in any manner participating in or assisting an investigation, proceeding, or hearing under this article.

"Sexual assault" means any act prohibited by the provisions of § 18.2-61 , 18.2-67.1 , 18.2-67.3 , or 18.2-67.4 .

"Stalking" means conduct prohibited by the provisions of § 18.2-60.3 .

"Year" means a regular and consecutive 12-month period as determined by the employer.

2026, cc. 1128 , 1129 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 40.1-68 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-68
Service of process on clerk of State Corporation Commission as attorney for union
Status: in_force

Any labor union or labor organization doing business in this Commonwealth, all of whose officers and trustees are nonresidents of this Commonwealth, shall by written power of attorney, filed with the Department of Labor and Industry and the State Corporation Commission, appoint the clerk of the State Corporation Commission its attorney or agent upon whom all legal process against the union or organization may be served, and who shall be authorized to enter an appearance on its behalf. The manner of service of process on the clerk of the State Corporation Commission, the mailing thereof to the labor union or organization, the fees therefor, the effect of judgments, decrees and orders, and the procedure in cases where no power of attorney is filed as required, shall be the same as provided for in cases of foreign corporations.

Code 1950, § 40-74.4; 1954, c. 431; 1956, c. 430; 1970, c. 321.
Va. Code Ann. § 40.1-33.6:2 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1:1 / Section 40.1-33.6:2
(Effective July 1, 2027) Accrual of paid sick leave
Status: in_force

A. All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.

B. Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.

C. Employees covered by 29 C.F.R. § 825.801 shall be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual.

D. Paid sick leave as provided in this section shall begin to accrue at the commencement of employment. An employer may elect to provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year. An employer that elects to provide 40 hours of sick leave at the beginning of a year shall be considered to have satisfied the provisions of subsection A.

E. Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.

F. Any employer that has entered into a bona fide collective bargaining agreement that requires the employer to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee covered by such collective bargaining agreement.

G. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick leave that has not been used.

H. If an employee is transferred to a separate division, entity, or location but remains employed by the same employer, the employee is entitled to all paid sick leave accrued at the prior division, entity, or location and is entitled to use all paid sick leave as provided in this section. If an employee is separated from employment with an employer and the employee is rehired within 12 months of separation by the same employer, previously accrued paid sick leave that had not been used shall be reinstated unless the employer pays the employee for such accrued leave upon separation at the rate required by this article. Further, the employee shall be entitled to use accrued paid sick leave and accrue additional paid sick leave at the recommencement of employment. If an employee is separated from employment for more than 12 months, the employer shall not be required to reinstate previously accrued paid sick leave for such employee, and such employee shall be considered to have newly commenced employment for purposes of this subsection.

I. If a different employer succeeds or takes the place of an existing employer, each employee of the original employer who remains employed by the successor employer is entitled to all paid sick leave accrued while employed by the original employer and to use any such paid sick leave previously accrued.

J. An employer may loan paid sick leave to an employee in advance of accrual of paid sick leave by such employee.

K. Nothing in this article shall be construed to (i) discourage or prohibit an employer from the adoption or retention of a more generous paid sick leave policy than outlined herein; (ii) preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of paid sick leave or that extends other protections to employees; or (iii) diminish the rights of public employees regarding paid sick leave or the use of paid sick leave as provided under any applicable law.

L. Employees who are employed and compensated on a fee-for-service basis shall accrue paid sick leave in accordance with regulations adopted by the Commissioner. The Commissioner shall promulgate such regulations, which shall provide for the accrual of paid sick leave for such employees that is consistent with the provisions of this section.

M. Any employer with employees covered by or receiving benefits pursuant to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., that is party to an existing, bona fide collective bargaining agreement in effect on July 1, 2027, shall be exempt from the provisions of this article with respect to all employees in the bargaining unit subject to such collective bargaining agreement until the earlier of (i) the expiration of such collective bargaining agreement or (ii) December 31, 2030.

2026, cc. 1128 , 1129 .
Va. Code Ann. § 40.1-49.11 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.11
Conduct of inspection, testing, or collection of samples for analysis
Status: in_force

No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a law or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where facts are shown sufficient to create a reasonable suspicion of an immediate threat to an employee's health or safety, or (ii) where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the Commissioner and to a law-enforcement officer who shall accompany the Commissioner's representative during the execution.

1987, c. 643.
Va. Code Ann. § 40.1-33.6:7 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1:1 / Section 40.1-33.6:7
(Effective July 1, 2027) Enforcement; civil penalties; civil actions
Status: in_force

A. The Commissioner shall promulgate regulations for implementation and enforcement of this article.

B. In enforcing the provisions of this article, the Commissioner shall establish a system utilizing multiple means of communication to receive complaints regarding noncompliance with this article and to investigate complaints received by the Commissioner in a timely manner.

C. Any person alleging a violation of this article shall have the right to file a complaint with the Commissioner within one year after the date the person knew or should have known of the alleged violation. The Commissioner may initiate an investigation upon the receipt of a complaint from an employee or an interested third party or at the Commissioner's discretion. The Commissioner shall encourage reporting pursuant to this section by keeping confidential, notwithstanding any other provision of law, the name and other identifying information of the complainant or employee witness, provided, however, that with the authorization of such person, the Commissioner may disclose such person's name and identifying information as necessary to enforce this article or for other appropriate purposes. In the course of an investigation, the Commissioner or the Commissioner's designee may enter the employer's premises to review records, require an employer or employee to submit a statement or report in writing under oath as to all necessary information, examine under oath any person alleged to have participated in or have knowledge of the violation, and issue subpoenas.

D. Upon receiving a complaint alleging a violation of this article, the Commissioner may attempt to resolve such complaint through mediation between the complainant and the person or employer alleged to have violated this article. No civil monetary penalty shall be assessed and no action shall be brought if a person or employer alleged to have violated this article corrects the alleged violation within a reasonable time to be established by regulation. The Commissioner shall keep the complainant notified regarding the status of his complaint and any resultant investigation. If the Commissioner determines that a violation has occurred, he may issue to the offending person or employer a notice of violation and the relief required of the offending person or employer. The Commissioner shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.

E. The Commissioner shall notify any employer that he alleges has violated any provision of this article by certified mail or other appropriate means, as determined by the Commissioner. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference with the Commissioner regarding such alleged violation.

F. Any such employer that knowingly violates this article shall be subject to a civil penalty not to exceed $150 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $300 for the second violation and not to exceed $500 for each successive violation. In determining the amount of any civil penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final.

G. The Commissioner or the Attorney General may commence administrative proceedings or bring a civil action to enforce the provisions of this article. An employer that violates this article shall be liable for such legal or equitable relief as may be appropriate, including the remedies available under subsection H. Upon entry of a final order of the Commissioner, or upon entry of a judgment against the employer, the Commissioner or the court shall assess reasonable attorney fees.

H. In addition to any civil penalties provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, an employee who alleges a violation of this article may bring a civil action in a court of competent jurisdiction against an employer violating this article. Such action may be brought by a person aggrieved by a violation of this article without first filing an administrative complaint. Upon prevailing in an action brought pursuant to this section, the court shall order as a remedy to the employee (i) twice the amount of any uncompensated sick leave; (ii) twice the amount of any actual damages suffered as the result of an employer's violation of this article; (iii) injunctive relief as appropriate to restrain continued violation of this article; (iv) such legal or equitable relief as may be appropriate to remedy the violation, including the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position; and (v) compensation for any lost wages, benefits, and other remuneration, together with interest thereon and reasonable attorney fees and costs. The statute of limitations for a civil action brought pursuant to this section shall be for a period of two years from the date the alleged violation occurred or the date the aggrieved employee knew or should have known of the violation.

I. Civil penalties owed under this article shall be paid to the Commissioner for deposit into the general fund. The Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and to pay a proposed civil penalty or a negotiated sum in lieu of such civil penalty without admission of any civil liability arising from such alleged violation.

2026, cc. 1128 , 1129 .
Va. Code Ann. § 40.1-51.16 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.16
Appeals
Status: in_force

Any person aggrieved by an order or an act of the Board or Commissioner under this chapter may appeal such order or act to the Board pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). Final orders of the Board may be appealed pursuant to the Administrative Process Act.

1972, c. 237; 1986, c. 615; 1988, c. 289.
Va. Code Ann. § 40.1-95 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-95
Repealed
Status: repealed

Repealed by Acts 1991, c. 511.
Va. Code Ann. § 40.1-81.1 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-81.1
Records to be kept by employers
Status: in_force

Every employer employing minors under sixteen years of age shall keep a time book or time cards or other appropriate records for such minor employees which shall show the beginning and ending time of work each day together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding twelve months for each such minor employee shall be kept on the premises for a period of thirty-six months from the date of the latest work period recorded for the minor employee involved.

1972, c. 480; 1982, c. 134; 1991, c. 511.
Va. Code Ann. § 40.1-51.21 — Virginia Code / Title 40.1 / Chapter 3.2 / Section 40.1-51.21
Annual inspections
Status: in_force

At least once a year, during an actual project, the Department of Labor and Industry shall conduct an on-site unannounced inspection of each licensed asbestos contractor's, licensed RFS contractor's, and certified lead contractor's procedures in regard to installing, removing and encapsulating asbestos and lead. The Commissioner or an authorized representative shall have the power and authority to enter at reasonable times upon any property for this purpose.

1992, c. 477; 1995, cc. 543 , 585 .
Va. Code Ann. § 40.1-51.15:1 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.15:1
Only one inspection necessary
Status: in_force

Inspection under the provisions of this chapter shall constitute compliance with and shall be in lieu of any boiler or pressure vessel inspection required by Chapter 6 (§ 36-97 et seq.) of Title 36.

1980, c. 464; 1992, c. 3.
Va. Code Ann. § 40.1-33.3 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1 / Section 40.1-33.3
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Employee" means a home health worker who works on average at least 20 hours per week or 90 hours per month. "Employee" does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) is employed by a hospital licensed by the Department of Health; and (iii) works, on average, no more than 30 hours per month.

"Employer" has the same meaning as provided in § 40.1-2 . "Employer" does not include any agency of the federal government.

"Family member" means:

1. Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;

2. A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee's spouse, or individual who stood in loco parentis to an employee when the employee or employee's spouse was a minor child;

3. An individual to whom an employee is legally married under the laws of any state;

4. A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of an employee or the employee's spouse;

5. An individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment; or

6. Any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.

"Home health worker" means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.

"Paid sick leave" means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5 ; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.

2021, Sp. Sess. I, c. 449 .
Va. Code Ann. § 40.1-103 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-103
Cruelty and injuries to children; penalty; abandoned infant
Status: in_force

A. It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony.

B. If a prosecution under this section is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child within the first 30 days of the child's life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

Code 1950, § 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816 , 822 ; 2006, c. 935 ; 2015, cc. 502 , 503 ; 2022, cc. 80 , 81 .
Va. Code Ann. § 40.1-28.7:4 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:4
Release of employee's personal identifying information
Status: in_force

A. As used in this section, "personal identifying information" means any of the following items of information about a current or former employee: home telephone number, mobile telephone number, email address, shift times, or work schedule.

B. An employer shall not, unless an exemption described in subsection C applies, be required to release, communicate, or distribute to a third party any current or former employee's personal identifying information.

C. The provisions of subsection B shall not apply to a release, communication, or distribution of personal identifying information that is:

1. Required pursuant to any applicable provision of federal law that preempts the provisions of this section or of state law that requires an employer to release, communicate, or distribute personal identifying information;

2. Ordered by a court of competent jurisdiction;

3. Required pursuant to a warrant issued by a judicial officer; or

4. Required by a subpoena issued in a pending civil or criminal case, or by discovery in a civil case.

2013, c. 495 .
Va. Code Ann. § 40.1-100.2 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-100.2
Employment involving sexually explicit visual material prohibited
Status: in_force

A person under eighteen years of age shall not perform in or be a subject of sexually explicit visual material. As used in this section, "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film or similar visual representation which is obscene for children, as defined in § 18.2-374.1 , and which depicts nudity, sexual excitement, sexual conduct, sexual intercourse or sadomasochistic abuse, as defined in § 18.2-390 , or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other action is necessary to make its sexually explicit content apparent. A person who employs, permits or suffers a person to be employed or work in violation of this section is guilty of a Class 6 felony.

1991, c. 511.
Va. Code Ann. § 40.1-26 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-26
Repealed
Status: repealed

Repealed by Acts 1979, c. 631.
Va. Code Ann. § 40.1-33.6:4 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.1:1 / Section 40.1-33.6:4
(Effective July 1, 2027) Certain health care workers; scope of article
Status: in_force

A. No provision of this article shall apply to an employee as that term is defined in § 40.1-33.3 or the employer of any such employee in relation to such employment.

B. No employee who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) is employed by a facility licensed by the Department of Health or the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority; and (iii) works, on average, no more than 30 hours per week shall be eligible to accrue paid sick leave under the provisions of this article.

C. Notwithstanding the provisions of this article, an employer shall not be required to provide paid sick leave under the provisions of this article to any employee who is employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked in the month and who is (i) licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) employed by a facility licensed by the Department of Health; (iii) employed by the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority; or (iv) employed by any agency licensed by the Department of Behavioral Health and Developmental Services.

D. No provision of this article shall apply to an employer or employee as such terms are defined in 45 U.S.C. § 351.

2026, cc. 1128 , 1129 .
Va. Code Ann. § 40.1-82 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-82
Repealed
Status: repealed

Repealed by Acts 1979, c. 219.
Va. Code Ann. § 40.1-128 — Virginia Code / Title 40.1 / Chapter 7 / Section 40.1-128
Repealed
Status: repealed

Repealed by Acts 1991, c. 152.
Va. Code Ann. § 40.1-51.26 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.26
Commissioner of Labor and Industry to enforce laws
Status: in_force

The Commissioner of Labor and Industry shall have the authority to:

1. Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;

2. Receive complaints as to asbestos NESHAP violations;

3. Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28 ;

4. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;

5. Investigate any violations of this chapter and regulations;

6. Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and

7. Upon presenting appropriate credentials to the owner, operator, or agent in charge:

a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; and

b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9 .

1992, c. 541.
Va. Code Ann. § 40.1-49.10 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.10
Duration of warrant
Status: in_force

Any administrative search warrant issued shall be effective for the time specified therein, but not for a period of more than fifteen days, unless extended or renewed by the judicial officer who signed and issued the original warrant. The warrant shall be executed and shall be returned to the clerk of the circuit court of the city or county wherein the inspection was made within the time specified in the warrant or within the extended or renewed time. The return shall list any records removed or samples taken pursuant to the warrant. After the expiration of such time, the warrant, unless executed, shall be void.

1987, c. 643; 2014, c. 354 .
Va. Code Ann. § 40.1-51.37 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.37
Appeal from decision of Board
Status: in_force

Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1992, c. 541.
Va. Code Ann. § 40.1-51.19:4.1 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 2 / Section 40.1-51.19:4.1
Variances
Status: in_force

Upon application pursuant to the provisions of subdivision 9 of § 40.1-6 , the Commissioner may allow variances from a specific statutory requirement of this article provided the applicant proves by clear and convincing evidence his hobby or model boiler meets substantially equivalent construction and operating criteria and standards.

2000, cc. 879 , 898 .
Va. Code Ann. § 40.1-51.2 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.2
Rights and duties of employees
Status: in_force

(a) It shall be the duty of each employee to comply with all occupational safety and health rules and regulations issued pursuant to this chapter and any orders issued thereunder which are applicable to his own action and conduct.

(b) Employees or their representatives may bring to the attention of their employer any hazardous conditions that exist or bring the matter to the attention of the Commissioner or his authorized representative, without first bringing the matter to the attention of their employer. Upon receipt of any complaint of hazardous conditions, the Commissioner or his authorized representative shall cause an inspection to be made as soon as practicable. Within two working days after making the oral complaint the employee or the employee representative shall file a written complaint with the Commissioner on a form prescribed by the Commissioner, if at that time, the Commissioner or his authorized representative has not caused the hazardous condition to be corrected. A copy of such written complaint shall be made available to the employer by the Commissioner at the time of such inspection. The name or names of individuals bringing such matters to the attention of the Commissioner shall be held in confidence upon request of such individuals.

(c) [Repealed.]

(d) A representative of the employees selected by the employees shall be given an opportunity to accompany the Commissioner or his authorized representative during the physical inspection of the work place for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety at the work place. No person shall discharge or in any manner discriminate against an employee representative for his participation in any safety and health inspection.

(e) The employer and the complaining employee, employees or employee representative shall be notified in writing by the Commissioner or his authorized representative of any decision concerning a complaint, of the reasons for such decision and of the rights of the parties to redress pursuant to § 40.1-49.4 of the Code.

1972, c. 602; 1973, c. 425; 1976, c. 607.
Va. Code Ann. § 40.1-33.7 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.2 / Section 40.1-33.7
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Eligible employee" means an individual who has requested that an employer provide organ donation leave and who, as of the date that the requested organ donation leave begins, will have been employed by that employer for at least (i) a 12-month period and (ii) 1,250 hours during the previous 12 months.

"Employer" means any employer as defined in § 40.1-2 that employs 50 or more employees. Notwithstanding § 40.1-2.1 , "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions. "Employer" does not include any agency of the federal government.

"Organ donation leave" means leave of an eligible employee for the purpose of donating one or more of such employee's human organs, including bone marrow, to be medically transplanted into the body of another individual.

2023, c. 751 .
Va. Code Ann. § 40.1-33.1 — Virginia Code / Title 40.1 / Chapter 3 / Article 2 / Section 40.1-33.1
Retaliatory actions prohibited; civil penalty
Status: in_force

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 contractor's 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 employee's 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.

2020, cc. 204 , 271 .
Va. Code Ann. § 40.1-104 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-104
Age certificates
Status: in_force

An age certificate shall be issued, upon request of the employer or the worker, for a person sixteen years of age or over. It shall be issued by the person authorized to issue employment certificates under the provisions of this chapter upon presentation of the same evidence of age as required for an employment certificate. The age certificate shall show the person's name and address, his date of birth and signature, the signature of the person issuing the certificate and the evidence accepted as proof of age.

An employment or age certificate duly issued shall be conclusive evidence of the age of the person for whom issued in any proceeding involving the employment of the person under any of the labor laws of this Commonwealth as to any act occurring subsequent to its issuance and prior to its revocation.

Code 1950, § 40-113; 1970, c. 321; 1972, c. 824; 1979, c. 219.
Va. Code Ann. § 40.1-28.11 — Virginia Code / Title 40.1 / Chapter 3 / Article 1.1 / Section 40.1-28.11
Penalties
Status: in_force

Whoever knowingly and intentionally violates any provisions of this article shall be punished by a fine of not less than $10 nor more than $200.

1975, c. 530.
Va. Code Ann. § 40.1-28.7:11 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:11
Veterans benefits and services poster
Status: in_force

A. The Department shall, in consultation with the Department of Veterans Services, create and make available to all employers in the Commonwealth a poster describing benefits and services available to veterans. The poster shall, at a minimum, include information about the following benefits and services:

1. Department of Veterans Services' programs, contact information, and website address;

2. Substance abuse and mental health treatment services;

3. Educational, workforce, and training resources;

4. Tax benefits;

5. Eligibility for unemployment insurance benefits under state or federal law;

6. Legal services; and

7. The U.S. Department of Veterans Affairs Veterans Crisis Line.

B. Any employer in the Commonwealth may request from the Department and display the poster in the same location where other employee notices required by state or federal law are posted.

2024, c. 430 .
Va. Code Ann. § 40.1-76 — Virginia Code / Title 40.1 / Chapter 4 / Article 5 / Section 40.1-76
Repealed
Status: repealed

Repealed by Acts 1991, c. 443.
Va. Code Ann. § 40.1-93 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-93
Proof required for employment certificate
Status: in_force

The Department shall not issue an employment certificate until it has received, examined, approved, and filed the following:

1. Except for work coming within one of the exceptions in § 40.1-79.01 , a statement signed by the prospective employer, or someone duly authorized on his behalf, stating that he expects to give such child present employment, setting forth the specific nature of the occupation in which he intends to employ such child, and the number of hours per day and of days per week which said child shall be employed and of the period for lunch. Such statement shall be submitted by means specified by the Commissioner; and

2. A statement, signed by the prospective employer or someone duly authorized on his behalf, submitted by means specified by the Commissioner, that the employer has verified the age of such minor. The employer shall procure and keep on file, accessible to the Department or other authorized persons charged with the enforcement of this chapter, the proof of age as provided in § 40.1-94 .

Code 1950, § 40-102; 1960, c. 434; 1970, c. 321; 1972, c. 480; 1991, c. 511; 2013, c. 15 .
Va. Code Ann. § 40.1-27.1 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-27.1
Discharge of employee for absence due to work-related injury prohibited
Status: in_force

It shall be an unfair employment practice for an employer who has established an employment policy of discharging employees who are absent from work for a specified number of days to include in the computation of an employee's work absence record any day that such employee is absent from work due to a compensable absence under Title 65.2; provided, that such compensable absences can be calculated into an employee's work record for purposes of discharge after all steps of the excessive absenteeism policy have been exhausted. An employer shall not be held in violation of this section if the employee's absence exceeds six months or if the employer's circumstances have changed during such employee's absence so as to make it impossible or unreasonable not to discharge such employee.

1989, c. 572.
Va. Code Ann. § 40.1-51.3 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.3
Duties of health and safety inspectors
Status: in_force

(a) It shall be the duty of all safety and health inspectors to inspect all places of business covered by the State Plan developed in accordance with the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596) for conformity with the provisions of this title and with all safety and health standards, rules and regulations promulgated under this title.

(b) [Repealed.]

1972, c. 602; 1979, c. 354.
Va. Code Ann. § 40.1-51.30 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.30
Appeal to Board
Status: in_force

Any owner aggrieved by a final decision of the Commissioner under § 40.1-51.28 may file a notice of appeal to the Board within fifteen days. Such notice shall be in writing and addressed to the Commissioner.

1992, c. 541.
Va. Code Ann. § 40.1-105 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-105
Repealed
Status: repealed

Repealed by Acts 1991, c. 511.
Va. Code Ann. § 40.1-11.3 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-11.3
Human trafficking hotline; posted notice required; civil penalty
Status: in_force

A. Any employer who (i) operates a business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad above or below the waist and (ii) fails to post notice of the existence of a human trafficking hotline to alert potential human trafficking victims of the availability of assistance, is subject to a civil penalty of $500. Civil penalties under this subsection shall be assessed by the Department and paid to the Literary Fund. The notice required by this subsection shall be posted in the same location where other employee notices required by state or federal law are posted. The provisions of this subsection shall not apply to businesses described in this subsection providing entertainment in theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious literary, artistic, scientific, or political value.

B. Any employer who (i) operates a truck stop and (ii) fails to post notice of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking of the availability to report crimes or gain assistance, which failure is not cured within 72 hours following notification to the employer of such failure by the Department, is subject to a civil penalty of $100 per truck stop. Civil penalties under this subsection shall be assessed by the Department and paid to the Literary Fund, provided that no civil penalty shall be assessed under this subsection prior to January 1, 2014. The notice required by this subsection shall be posted in the same location where other employee notices required by state or federal law are posted. As used in this subsection, "truck stop" means a facility that is capable of fueling a qualified highway vehicle that bears an IFTA identification marker as those terms are defined in § 58.1-2700 .

C. The Department shall (i) determine the content of the notice which shall include the National Human Trafficking Resource Center Hotline, (ii) determine the size of the notice, (iii) determine the languages in which the notice is to be posted, and (iv) publish the notice size and notice languages, and make the notice available in each of those languages, on the website of the Department and by any other means of publication the Department deems appropriate. The Department is not otherwise required to produce or distribute the notice. An employer is not required to use a notice produced by the Department, provided the notice complies with guidelines established by the Department. The Department may certify that a notice produced by an employer or other entity complies with the requirements of this section.

2012, c. 630 ; 2013, c. 304 .
Va. Code Ann. § 40.1-30 — Virginia Code / Title 40.1 / Chapter 3 / Article 2 / Section 40.1-30
Registration of certain nonresident employers with Department
Status: in_force

(a) Any employer domiciled without this Commonwealth and performing any demolition, excavation, installation, paving, repair, maintenance, erection or construction work within this Commonwealth for a fixed price, commission, fee or percentage, when the cost of the undertaking, order, contract or subcontract is not less than $300 nor more than $60,000, shall, prior to the commencement of each such undertaking or the performance of each such order, contract or subcontract, register with the Department, at Richmond, on such form as may be prescribed by said Department, providing thereon the employer's name and address, the name and address of the employer's chief officer or owner, the name and address of the person in charge of the work being done, the type of work to be done, the date work will commence, the specific location of the work, the name of the person, firm, corporation, partnership or association for whom the work is being performed, the cost of the undertaking or the amount of the order, contract or subcontract and the approximate number of persons employed by the employer in said undertaking or performance, including the rates of pay and the number of persons employed at each rate and shall be submitted to the Department with a United States postal service money order or check drawn in favor of the State Treasurer in the amount of $100 for annual registration or $25 for registration for a specific job. Provided, however, nothing in this section shall apply to any such contractor who is registered under the provisions of Title 54.1, Chapter 11. Provided further, that any such employer may apply to the Department for annual registration which, if granted, shall relieve such employer from registration of each specific contract. Annual registration may be granted if the Department shall ascertain that such employer has a permanent and definite place of business outside this Commonwealth.

(b) Any employer failing to register with the Department as required by this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500. Each day's failure to register shall constitute a separate offense.

(c) This section shall be enforceable by the Commissioner and all officers empowered to enforce the criminal laws of this Commonwealth.

Code 1950, § 40-24.1; 1966, c. 614; 1968, c. 106; 1970, c. 321; 1972, c. 241; 1979, c. 484.
Va. Code Ann. § 40.1-28.7:8 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:8
Covenants not to compete prohibited; exceptions; civil penalty
Status: in_force

A. As used in this section:

"Covenant not to compete" means a covenant or agreement, including a provision of a contract of employment, between an employer and employee that restrains, prohibits, or otherwise restricts an individual's ability, following the termination of the individual's employment, to compete with his former employer. A "covenant not to compete" shall not restrict an employee from providing a service to a customer or client of the employer if the employee does not initiate contact with or solicit the customer or client.

"Health care professional" means any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work.

"Low-wage employee" means an employee (i) whose average weekly earnings, calculated by dividing the employee's earnings during the period of 52 weeks immediately preceding the date of termination of employment by 52, or if an employee worked fewer than 52 weeks, by the number of weeks that the employee was actually paid during the 52-week period, are less than the average weekly wage of the Commonwealth as determined pursuant to subsection B of § 65.2-500 or (ii) who, regardless of his average weekly earnings, is entitled to overtime compensation under the provisions of 29 U.S.C. § 207 for any hours worked in excess of 40 hours in any one workweek. "Low-wage employee" includes interns, students, apprentices, or trainees employed, with or without pay, at a trade or occupation in order to gain work or educational experience. "Low-wage employee" also includes an individual who has independently contracted with another person to perform services independent of an employment relationship and who is compensated for such services by such person at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported, for the preceding year, by the Bureau of Labor Statistics of the U.S. Department of Labor. For the purposes of this section, "low-wage employee" does not include any employee whose earnings are derived, in whole or in predominant part, from sales commissions, incentives, or bonuses paid to the employee by the employer.

B. No employer shall enter into, enforce, or threaten to enforce a covenant not to compete with any low-wage employee or health care professional.

C. No covenant not to compete between an employer and an employee is enforceable if such employer discharges such employee from employment without providing severance benefits or other monetary payment to such employee, unless such employer discharges such employee for cause. Such severance benefits or other monetary payment shall be disclosed upon execution of the covenant not to compete.

D. An employee or health care professional may bring a civil action in a court of competent jurisdiction against any former employer or other person that attempts to enforce a covenant not to compete against such employee in violation of this section. An action under this section shall be brought within two years of the latter of (i) the date the covenant not to compete was signed, (ii) the date the employee or health care professional learns of the covenant not to compete, (iii) the date the employment relationship is terminated, or (iv) the date the employer takes any step to enforce the covenant not to compete. The court shall have jurisdiction to void any covenant not to compete with an employee or health care professional and to order all appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages, and awarding lost compensation, damages, and reasonable attorney fees and costs. No employer may discharge, threaten, or otherwise discriminate or retaliate against a low-wage employee or health care professional for bringing a civil action pursuant to this section.

E. Any employer that violates the provisions of subsection B or C as determined by the Commissioner shall be subject to a civil penalty of $10,000 for each violation. Civil penalties owed under this subsection shall be paid to the Commissioner for deposit in the general fund.

F. If the court finds a violation of the provisions of this section, the plaintiff shall be entitled to recover reasonable costs, including costs and reasonable fees for expert witnesses, and attorney fees from the former employer or other person who attempts to enforce an unlawful covenant not to compete against such plaintiff.

G. Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted. An employer that fails to post a copy of this section or an approved summary of this section shall be issued by the Department a written warning for the first violation, shall be subject to a civil penalty not to exceed $250 for a second violation, and shall be subject to a civil penalty not to exceed $1,000 for a third and each subsequent violation as determined by the Commissioner. Civil penalties owed under this subsection shall be paid to the Commissioner for deposit in the general fund.

The Commissioner shall prescribe procedures for the payment of proposed assessments of penalties that are not contested by employers. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and to pay a proposed penalty or a negotiated sum in lieu of such penalty without admission of any civil liability arising from such alleged violation.

H. Nothing in this section shall serve to limit the creation or application of:

1. Nondisclosure agreements intended to prohibit the taking, misappropriating, threatening to misappropriate, or sharing of certain information to which an employee has access, including trade secrets, as defined in § 59.1-336 , and proprietary or confidential information; or

2. Covenants not to compete or similarly restrictive covenants with any health care professional or such person's business entity as part of a sale of business when the transaction includes the sale of all or substantially all of (a) the operating assets together with the goodwill of the health care professional's business entity, (b) the operating assets of a division or subsidiary of the health care professional's business entity together with the goodwill of that division or subsidiary, or (c) the ownership interest of the health care professional's business entity or any division or subsidiary thereof. In such transactions, the seller and buyer may enter a covenant not to compete or similarly restrictive covenant for the health care professional or such person's business entity, provided that such covenant not to compete or similarly restrictive covenant is reasonable in scope, duration, and geographic area.

I. Nothing in this section shall serve to limit the ability of employers of health care professionals to:

1. Include provisions in employment agreements, through a promissory note or otherwise, that require repayment for all or a prorated portion of recruitment-related costs, including relocation expenses, signing or retention bonuses, and other remuneration provided to induce relocation or establishment of a practice in a specified geographic area, as well as recruiting, education, or training expenses from a departing health care professional who has been employed for fewer than five years, and such provisions shall be valid and enforceable by law; or

2. Include provisions in employment agreements requiring a health care professional, for the benefit of an employer and for a stated period of time following termination, to refrain from soliciting or attempting to solicit, directly or by assisting others, any business from any of such employer's customers, including actively seeking prospective customers, with whom the employee had material contact during his employment, for purposes of providing products or services that are the same or substantially similar to those provided by the employer, except for any notice or communication as required by state or federal law. Any reference to a prohibition against soliciting or attempting to solicit customers shall be narrowly construed to apply only to (i) the health care professional's customers, including actively sought prospective customers, with whom the health care professional had material contact during employment and (ii) products and services that are the same as or substantially similar to those provided by the employer. Such provisions shall be valid and enforceable by law. Such provisions shall not preclude a health care professional from disclosing the following information to a patient to whom the health care professional was providing consultation or treatment before departure from an employer: the health care professional's continuing practice of medicine, the health care professional's new contact information, and the patient's right to choose a health care professional.

2020, cc. 948 , 949 , § 40 .1-28.7:7; 2025, c. 585 ; 2026, cc. 883 , 1113 , 1114 .
Va. Code Ann. § 40.1-23 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-23
Repealed
Status: repealed

Repealed by Acts 1988, c. 340, effective January 1, 1989.
Va. Code Ann. § 40.1-51.31 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.31
Penalties for noncompliance; judicial review
Status: in_force

A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

B. Upon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner's property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.

C. Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.

D. Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.

1992, c. 541.
Va. Code Ann. § 40.1-51.20 — Virginia Code / Title 40.1 / Chapter 3.2 / Section 40.1-51.20
Duties of licensed asbestos and certified lead contractors
Status: in_force

A. A licensed asbestos contractor and any certified lead contractor shall notify the Department of Labor and Industry at least twenty days prior to commencement of each asbestos or lead project. Notification shall be sent in a manner prescribed by the Department of Labor and Industry. The Department of Labor and Industry shall have the authority to waive all or any part of the twenty-day notice.

B. A licensed asbestos contractor or certified lead contractor shall obtain an asbestos or lead project permit from the Department of Labor and Industry prior to commencing each asbestos or lead project in accordance with this chapter and shall pay directly to the Commissioner a fee as established by the Safety and Health Codes Board pursuant to the Administrative Process Act (§ 2.2-4000 et seq.). The fees shall be sufficient but not excessive to cover the cost of administering the program. All fees collected pursuant to this section shall be paid into a special fund in the state treasury to the credit of the Department of Labor and Industry and shall be used in carrying out the Department's mission under this chapter and the Virginia Asbestos NESHAP Act (§ 40.1-51.23 et seq.).

The provisions of this subsection shall not apply to asbestos projects in residential buildings as defined by the Board in regulations adopted pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).

C. A licensed asbestos contractor or certified lead contractor shall keep a record of each asbestos or lead project performed and shall make the record available to the Departments of Professional and Occupational Regulation and of Labor and Industry upon request. Records required by this section shall be kept for at least thirty years. The records shall include:

1. The name, address, and asbestos or lead supervisor's license or certification number of the individual who supervised the asbestos or lead project and each employee or agent who worked on the project;

2. The location and description of the project and the amount of asbestos or lead material that was removed;

3. The starting and completion dates of each project and a summary of the procedures that were used to comply with all federal and state standards; and

4. The name and address of each disposal site where waste containing asbestos or lead was deposited, the results of the lead toxicity characteristic test, and the disposal site receipts.

1992, c. 477; 1995, cc. 543 , 585 ; 1996, cc. 180 , 846 ; 2024, c. 473 .
Va. Code Ann. § 40.1-28.5 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.5
Repealed
Status: repealed

Repealed by Acts 2004, c. 608 .
Va. Code Ann. § 40.1-51.13 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.13
Posting of certificate
Status: in_force

Certificates shall be posted in the room containing the boiler or pressure vessel inspected. If the boiler or pressure vessel is not located within the building the certificate shall be posted in a location convenient to the boiler or pressure vessel inspected, or in any place where it will be accessible to interested parties.

1972, c. 237; 1990, c. 226.
Va. Code Ann. § 40.1-27.5 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-27.5
Retaliation against employee for absence due to serving as voluntary emergency responder prohibited
Status: in_force

A. As used in this section:

"State of emergency" has the same meaning as provided in § 44-146.16 .

"Volunteer emergency responder" means an active member in good standing of a volunteer fire department or volunteer emergency medical services agency or auxiliary unit thereof that has been recognized in accordance with § 15.2-955 by an ordinance or resolution of the political subdivision where the volunteer fire department or volunteer emergency medical services agency is located as being a part of the safety program of such political subdivision.

B. No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment solely because the employee fails to report for work at his place of employment because such employee is serving as a volunteer emergency responder (i) actively responding to an emergency alarm or (ii) during a state of emergency, provided that such employee provides the employer (a) notice that such employee is rendering emergency services in response to an emergency alarm or state of emergency at least one hour before such employee is scheduled to report for work and (b) upon returning to his place of employment, a copy of the incident report and a certification by the incident commander or other official or officer in charge affirming that such employee was actively engaged in and necessary for rendering such emergency services. Such certification shall include the date and time at which the employee was relieved from rendering emergency services. An employee who is actively engaged in rendering emergency services for more than one consecutive work day shall provide notice pursuant to clause (a) on each day such employee is absent from work.

C. No employer shall be required to pay an employee for any work time missed while such employee is serving as a volunteer emergency responder pursuant to this section. However, in lieu of taking unpaid time off for such service, such employee may use paid sick leave or other paid leave if such employee has accrued or is otherwise entitled to such leave.

D. No provision of this section shall apply to any employee who is deemed an essential employee by statute or contract.

E. A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer's prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs.

2026, c. 330 .
Va. Code Ann. § 40.1-57.2 — Virginia Code / Title 40.1 / Chapter 4 / Article 2.1 / Section 40.1-57.2
Collective bargaining
Status: in_force

A. No state, county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, "county, city, or town" includes any local school board, and "public officers or employees" includes employees of a local school board.

B. No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds.

C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.

D. Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.

1993, cc. 868, 879; 2020, cc. 1209 , 1276 .
Va. Code Ann. § 40.1-11.2 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-11.2
Participation in E-Verify program
Status: in_force

All agencies of the Commonwealth shall be enrolled in the E-Verify program by December 1, 2012; and on and after December 1, 2012, use the E-Verify program for each newly hired employee who is to perform work within the Commonwealth.

2010, c. 633 .
Va. Code Ann. § 40.1-49.5 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.5
Appeals to Court of Appeals
Status: in_force

Appeals shall lie from the order of the circuit court to the Court of Appeals in a manner provided by § 17.1-405 and the rules of the Supreme Court.

1979, c. 354; 1992, c. 777; 1993, c. 526.
Va. Code Ann. § 40.1-60 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-60
Employers not to require employees to become or remain members of union
Status: in_force

No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.

Code 1950, § 40-70; 1970, c. 321.
Va. Code Ann. § 40.1-106 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-106
Repealed
Status: repealed

Repealed by Acts 1979, c. 219.
Va. Code Ann. § 40.1-51 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51
State Health Commissioner to provide advice and aid; rules and regulations
Status: in_force

A. The State Health Commissioner shall be responsible for advising and providing technical aid to the Commissioner on matters pertaining to occupational health on request.

B. The Department of Labor and Industry shall be responsible for drafting and submitting to the Virginia Safety and Health Codes Board for adoption rules and regulations pertaining to control measures to protect the health of workers. In formulating rules and regulations pertaining to health, the Department of Labor and Industry shall request the advice and technical aid of the Department of Health.

Code 1950, § 40-62.2; 1950, p. 636; 1970, c. 321; 1972, c. 567; 1985, c. 449; 2003, c. 445 .
Va. Code Ann. § 40.1-51.10 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.10
Right of access to premises; certification and recertification; inspection requirements
Status: in_force

A. The Commissioner, his agents or special inspectors shall have free access, during reasonable hours to any premises in the Commonwealth where a boiler or pressure vessel is being constructed, operated or maintained, or is being installed to conduct a variance review, an owner-user inspection agency audit, an emergency repair review, an accident investigation, a violation follow-up, and a secondhand or used boiler review for the purpose of ascertaining whether such boiler or pressure vessel is being constructed, operated or maintained in accordance with this chapter.

B. On and after January 1, 1973, no boiler or pressure vessel used or proposed to be used within this Commonwealth, except boilers or pressure vessels exempted by this chapter, shall be installed, operated or maintained unless it has been inspected by the Commissioner, his agents or special inspectors as to construction, installation and condition and shall be certified. A fee as set under subsection A of § 40.1-51.15 shall be charged for each inspection certificate issued. In lieu of such fees both for certification and recertification, an authorized owner-user inspection agency shall be charged annual filing fees as set under subsection A of § 40.1-51.15 .

C. Recertification shall be required as follows:

1. Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually and shall also be externally inspected annually while under pressure if possible;

2. Heating boilers shall receive a certificate inspection biennially;

3. Pressure vessels subject to internal corrosion shall receive a certificate inspection biennially;

4. Pressure vessels not subject to internal corrosion shall receive a certificate inspection at intervals set by the Board, but internal inspection shall not be required of pressure vessels, the content of which are known to be noncorrosive to the material of which the shell, heads or fittings are constructed, either from the chemical composition of the contents or from evidence that the contents are adequately treated with a corrosion inhibitor, provided that such vessels are constructed in accordance with the rules and regulations of the Board;

5. Nuclear vessels within the scope of this chapter shall be inspected and reported in such form and with such appropriate information as the Board shall designate;

6. A grace period of two months beyond the periods specified in subdivisions 1, 2, 3 and 4 of this subsection may elapse between certificate inspections. The Chief Inspector may extend a certificate for up to three additional months beyond such grace period subject to a satisfactory external inspection of the object and receipt of a fee as set under subsection A of § 40.1-51.15 for each month of inspection beyond the grace period.

D. Inspection requirements for operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions and shall include but not be limited to the following criteria:

1. Previous experience, based on records of inspection, performance and maintenance;

2. Location, with respect to personnel hazard;

3. Qualifications and competency of inspection and operating personnel;

4. Provision for related safe operation controls; and

5. Interrelation with other operations outside of the scope of this chapter.

E. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the Board may, in its discretion, permit variations in the inspection requirements as provided in this section.

F. If, at the discretion of the Commissioner, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel.

G. All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this Commonwealth after the six-month period from the date upon which the rules and regulations of the Board shall become effective shall be inspected during construction as required by the applicable rules and regulations of the Board.

H. Ninety-one days after expiration of a certificate for any boiler or pressure vessel subject to this section, the Commissioner may assign an agent or special inspector to inspect such boiler or pressure vessel, and its owner or operator shall be assessed a fee for such inspection. The fee shall be established in accordance with subsection A of § 40.1-51.15 .

1972, c. 237; 1974, c. 195; 1976, c. 288; 1986, c. 266; 1988, c. 289; 1992, c. 3; 1993, c. 544; 1995, c. 97 ; 1997, c. 212 ; 2005, c. 387 .
Va. Code Ann. § 40.1-50 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-50
Repealed
Status: repealed

Repealed by Acts 1985, c. 449.
Va. Code Ann. § 40.1-79.1 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-79.1
Exemptions from chapter generally; participation in volunteer fire company activities
Status: in_force

A. Any county, city or town may authorize by ordinance any person residing anywhere in the Commonwealth, aged 16 years or older, who is a member of a volunteer fire company within such county, city, or town with parental or guardian approval, (i) to seek certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs; and (ii) to work with or participate in activities of such volunteer fire company, provided such person has attained certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs. Nothing in this chapter shall prohibit participation by such persons in nonhazardous activities of a volunteer fire company, including fire prevention efforts and training courses approved by the Virginia Fire Services Board that are designed to provide situational awareness. Such ordinance shall not require a minor who achieved certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs, on or before January 1, 2006, between the ages of 15 and 16, to repeat the certification after his sixteenth birthday.

B. Any trainer or instructor of such persons mentioned in subsection A and any member of a paid or volunteer fire company who supervises any such persons shall be exempt from the provisions of § 40.1-103 , provided that the provisions of § 40.1-100 have not been violated, when engaged in activities of a volunteer fire company, and provided that the volunteer fire company or the governing body of such county, city or town has purchased insurance which provides coverage for injuries to or the death of such persons in their performance of activities under this section.

1982, c. 344; 1983, c. 123; 1991, c. 511; 2005, c. 151 ; 2006, c. 462 ; 2018, c. 181 .
Va. Code Ann. § 40.1-56 — Virginia Code / Title 40.1 / Chapter 4 / Article 2 / Section 40.1-56
Department head, etc., to notify employee of such termination, etc
Status: in_force

In any such case the head of any department of the state government, or the mayor of any city or town, or the chairman of the board of supervisors or other governing body of any county, or the head of any other such employing agency, in which such employee was employed, shall forthwith notify such employee of the fact of the termination of his employment and at the same time serve upon him in person or by registered mail a declaration of his ineligibility for reemployment as before provided. Such declaration shall state the fact upon which the asserted ineligibility is based.

Code 1950, § 40-66; 1970, c. 321.
Va. Code Ann. § 40.1-51.27 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.27
Inspections, investigations, etc
Status: in_force

The Commissioner is authorized to make or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter.

1992, c. 541.
Va. Code Ann. § 40.1-78 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-78
Employment of children under fourteen and sixteen
Status: in_force

A. No child under fourteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation except as specified in this chapter.

B. No child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any gainful occupation during school hours unless he has reached the age of fourteen and is enrolled in a regular school work-training program and a work-training certificate has been issued for his employment as provided in § 40.1-88 .

C. Nothing in this section shall affect the provisions of §§ 40.1-100 A, 40.1-100.1 , 40.1-100.2 , 40.1-101 and 40.1-102 .

Code 1950, § 40-96; 1956, c. 567; 1960, c. 434; 1968, c. 264; 1970, c. 321; 1991, c. 511.
Va. Code Ann. § 40.1-5 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-5
Governor to appoint Commissioner of Labor and Industry
Status: in_force

The Governor shall appoint, by and with the consent of the General Assembly, some suitable person identified with the labor interests of the Commonwealth, who shall be designated Commissioner of Labor and Industry. The Commissioner shall, upon the request of the Governor, furnish such information as he may require. The Commissioner shall serve at the pleasure of the Governor for a term coincident with that of the Governor.

Code 1950, § 40-3; 1962, c. 66; 1970, c. 321; 1978, c. 372.
Va. Code Ann. § 40.1-67 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-67
Injunctive relief against violation; recovery of damages
Status: in_force

Any employer, person, firm, association, corporation, labor union or organization injured as a result of any violation or threatened violation of any provision of this article or threatened with any such violation shall be entitled to injunctive relief against any and all violators or persons threatening violation, and also to recover from such violator or violators, or person or persons, any and all damages of any character cognizable at common law resulting from such violations or threatened violations. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this article.

Code 1950, § 40-74.3; 1954, c. 431; 1970, c. 321.
Va. Code Ann. § 40.1-28.7:12 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:12
Seeking wage or salary history of prospective employees prohibited; wage or salary range transparency; cause of action; civil penalty
Status: in_force

A. As used in this section:

"Wage or salary history" means the wage or salary paid to the prospective employee by the prospective employee's current or previous employer.

"Wage or salary range" means the minimum and maximum wage or salary for the position, set in good faith by reference to any applicable pay scale, any previously determined wage or salary range for the position, the actual range of wages or salaries for persons currently holding equivalent positions, or the budgeted amount available for the position, as applicable.

B. No employer shall:

1. Seek the wage or salary history of a prospective employee;

2. Rely on the wage or salary history of a prospective employee in considering the prospective employee for employment;

3. Except as provided in subsection D, rely on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire;

4. Refuse to interview, hire, employ, or promote or otherwise retaliate against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range;

5. Fail or refuse to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range for the position; or

6. Fail to set a wage or salary range in good faith. Any analysis of whether the wage or salary range has been set in good faith shall consider, among other things, the breadth of such wage or salary range.

C. The provisions of subsection B shall not be construed to prevent a prospective employee from voluntarily disclosing wage or salary history, including for the purpose of negotiating wages or salary after an initial offer of employment with an offer of compensation.

D. If a prospective employee voluntarily provides his wage or salary history to an employer without the employer's prompting, then (i) the employer may rely on such wage or salary history to support a wage or salary higher than the employer's initial offer of compensation only to the extent that the higher wage or salary does not violate the provisions of § 40.1-28.6 or federal law and (ii) the employer may seek to confirm the wage or salary history of the prospective employee to support a wage or salary higher than the wage or salary offered by the employer only to the extent that the higher wage or salary does not violate the provisions of § 40.1-28.6 or federal law.

E. The Attorney General may bring a civil action to enforce the provisions of this section. An employer that violates the provisions of this section shall be subject to a civil penalty of up to $1,000 for the first violation and up to $5,000 for any subsequent violation. The court may award any other legal and equitable relief it deems appropriate. Any civil penalties assessed under this subsection shall be paid into the general fund.

F. An aggrieved prospective employee or employee may bring an action in a court of competent jurisdiction within one year of when the prospective employee's or employee's rights under subsection B were violated. However, an employer shall be afforded an opportunity to correct a violation of subdivision B 5 or 6 before a prospective employee may bring an action. Any person may provide written notice to the employer alleging that the employer's posting does not comply with subdivision B 5 or 6. If an employer receives written notice from any person relating to a particular posting, such notice shall constitute adequate notice for the duration of such posting for any prospective employee seeking remedies under this section. If the employer corrects the posting on the original posting locations within 15 business days of receiving such notice, no action for a violation of subdivision B 5 or 6 shall be brought. An employer that violates the provisions of this section shall be liable to the prospective employee or employee for actual damages and any other legal and equitable relief as the court deems appropriate.

2026, cc. 996 , 1063 .
Va. Code Ann. § 40.1-28.7:13 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-28.7:13
Coercion or threat based on immigration status; civil penalty
Status: in_force

A. As used in this section:

"Coercion" means a threat to compel or induce a person to engage in conduct that the person has a legal right to abstain from or to abstain from conduct that the person has a legal right to engage in.

"Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by an employer to deter an employee from engaging in protected activities or exercising a right under this chapter or any rules issued by the Department pursuant to this chapter.

B. Notwithstanding the provisions of § 40.1-2.1 , for the purposes of this section, "employer" shall include the Commonwealth and any of its agencies, institutions, or political subdivisions.

C. No employer shall use coercion or issue a threat to an employee based on immigration status in furtherance of committing a violation of any provision of Article 1.1 (§ 40.1-28.8 et seq.) or Article 2 (§ 40.1-29 et seq.), including rules issued by the Department pursuant to Article 1.1 (§ 40.1-28.8 et seq.) or Article 2 (§ 40.1-29 et seq.). In addition to any other penalty that may be imposed by the Department against an employer for such violation, an employer that uses coercion or issues a threat to an employee in furtherance of committing a violation of any provision of Article 1.1 (§ 40.1-28.8 et seq.) or Article 2 (§ 40.1-29 et seq.) shall be subject to a civil penalty pursuant to subsection F.

D. An employee who believes that he was subject to coercion or issued a threat by his employer based on the employee's immigration status may file a complaint with the Commissioner within 180 days of the alleged coercive action or threat.

E. The Commissioner shall receive and acknowledge complaints from individuals and interested third parties. The Commissioner may initiate an investigation (i) upon the receipt of a complaint from an employee, (ii) upon the receipt of a complaint from an interested third party, or (iii) at the Commissioner's discretion. Notwithstanding any other provision of law, the Commissioner shall not disclose a complainant's identity unless such complainant consents to disclosure. Unless otherwise resolved, the Commissioner may commence administrative or court proceedings based on the good faith belief of violations of this section under the process set forth in § 40.1-29 . In conducting investigations, the Commissioner may (a) require individuals to submit a statement or report in writing under oath that contains all necessary information, (b) examine under oath any person alleged to have participated in or to have knowledge of the violation, or (c) issue subpoenas.

F. If the Commissioner determines the employer has violated this section, the Commissioner shall assess a civil penalty for each act of coercion or threat issued in the following amounts:

1. For the first violation, a civil penalty not to exceed $5,000;

2. For the second violation, a civil penalty not to exceed $9,000; and

3. For any subsequent violation, a civil penalty not to exceed $12,000.

Each act of coercion or threat issued against each affected employee shall constitute a separate violation of this section. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. Civil penalties assessed under this section shall be paid to the Commissioner for deposit into the general fund.

G. If, during an investigation of any other complaint, the Commissioner discovers information that suggests an employer has used coercion or issued a threat against an employee based on immigration status, the Commissioner may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint.

H. The Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.

I. Nothing in this section shall be construed to reduce the rights or remedies for relief otherwise available under this title, including under § 40.1-27.3 , to an individual, the Commissioner, or the Attorney General.

2026, c. 1115 .
Va. Code Ann. § 40.1-54 — Virginia Code / Title 40.1 / Chapter 4 / Article 1 / Section 40.1-54
Payment of certain charges by carriers or shippers to or for benefit of labor organization
Status: in_force

(1) As used in this section, the term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(2) It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways, and any such agreement shall be void and unenforceable.

(3) It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described above.

(4) Any corporation, association, organization, firm or person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described hereinabove shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $1,000 for each offense. Each act of violation, and each day during which such an agreement remains in effect, shall constitute a separate offense.

Code 1950, § 40-64.1; 1962, c. 376; 1970, c. 321.
Va. Code Ann. § 40.1-29.1 — Virginia Code / Title 40.1 / Chapter 3 / Article 2 / Section 40.1-29.1
Investigations of employers for nonpayment of wages
Status: in_force

If in the course of an investigation of a complaint of an employer's failure or refusal to pay wages in accordance with the requirements of § 40.1-29 , the Commissioner acquires information creating a reasonable belief that other employees of the same employer may not have been paid wages in accordance with such requirements, the Commissioner shall have the authority to investigate whether the employer has failed or refused to make any required payment of wages to other employees of the employer as required by § 40.1-29 . If the Commissioner finds in the course of such investigation that the employer has violated a provision of § 40.1-29 , the Commissioner may institute proceedings on behalf of any employee against his employer. Such proceedings shall be undertaken in accordance with the provisions of § 40.1-29 , except that the Commissioner shall not require a written complaint of the violation or the written and signed consent of any employee as a condition of instituting such proceedings.

2020, cc. 205 , 206 ; 2021, Sp. Sess. I, c. 445 ; 2022, cc. 461 , 462 .
Va. Code Ann. § 40.1-51.22 — Virginia Code / Title 40.1 / Chapter 3.2 / Section 40.1-51.22
Enforcement of chapter
Status: in_force

A. Any person who commits the following violations of this chapter shall be subject to a civil penalty of up to $1,000 for an initial violation and $5,000 for each subsequent violation:

1. Failure to provide the notification required by § 40.1-51.20 ;

2. Improper notification as required by § 40.1-51.20 . Improper notification shall include, but not be limited to, failing to provide required fees, intentionally failing to complete all required sections of the form, failing to properly amend a notification and providing information on the form; or

3. Any violations of safety or health provisions of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, discovered during an inspection conducted pursuant to § 40.1-51.21 shall be enforced separately pursuant to § 40.1-49.4 .

All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shall apply to the penalties set under this section.

B. Investigation and enforcement for violations of this chapter shall be carried out by the Department of Labor and Industry. Prosecutions under this chapter shall be the responsibility of the Office of the Attorney General of Virginia. Civil penalties imposed for violation of this chapter shall be paid into the general fund.

1992, c. 477.
Va. Code Ann. § 40.1-51.38 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.38
Appeal to Court of Appeals
Status: in_force

The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.

1992, c. 541.
Va. Code Ann. § 40.1-64 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-64
Application of article to contracts
Status: in_force

The provisions of this article shall not apply to any lawful contract in force on April 30, 1947, but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of an existing contract.

Code 1950, § 40-74; 1970, c. 321.
Va. Code Ann. § 40.1-83 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-83
Repealed
Status: repealed

Repealed by Acts 1991, c. 511.
Va. Code Ann. § 40.1-51.3:2 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.3:2
Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible in personal injury or property damage trial
Status: in_force

In the trial of any action to recover for personal injury or property damage sustained by any party, in which action it is alleged that an employer acted in violation of or failed to act in accordance with any provision of this chapter or any state or federal occupational safety, health and safety standards act, the fact of the issuance of a citation, the voluntary payment of a civil penalty by a party charged with a violation, or the judicial assessment of a civil penalty under this chapter or any such state or federal occupational safety, health and safety standards act, shall not be admissible in evidence.

1974, c. 516.
Va. Code Ann. § 40.1-80 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-80
Repealed
Status: repealed

Repealed by Acts 1991, c. 511.
Va. Code Ann. § 40.1-51.10:1 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.10:1
Issuance of certificates; charges
Status: in_force

The Commissioner may designate special inspectors and contract fee inspectors to issue inspection certificates for boilers and pressure vessels they have inspected. If no defects are found or when the boiler or pressure vessel has been corrected in accordance with regulations, the designated special inspector or contract fee inspector shall issue a certificate on forms furnished by the Department. The designated special inspector or contract fee inspector shall collect the inspection certificate fee required under § 40.1-51.10 at the time of the issuance of the certificate and forward the fee and a duplicate of the certificate to the chief inspector immediately.

Each designated special inspector or contract fee inspector may charge a fee as set under subsection A of § 40.1-51.15 for each certificate issued, but the charge shall not be mandatory. No charge shall be made unless the inspector has previously contracted therefor.

1997, c. 212 .
Va. Code Ann. § 40.1-51.4:3 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.4:3
Prohibition of use of certain questions on polygraph tests for employment
Status: in_force

No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee's sexual activities unless such sexual activity of the prospective employee has resulted in a conviction of a violation of the criminal laws of this Commonwealth. Any written record of the results of a polygraph examination given to a prospective employee by an employer shall be destroyed or maintained on a confidential basis by the employer giving the examination and shall be open to inspection only upon agreement of the employee tested.

Violation of this section shall constitute a Class 1 misdemeanor.

1977, c. 521; 1990, c. 368.
Va. Code Ann. § 40.1-75 — Virginia Code / Title 40.1 / Chapter 4 / Article 4 / Section 40.1-75
Article not applicable when National Railway Labor Act applies
Status: in_force

Nothing in this article shall apply to any utility to which the National Railway Labor Act is applicable.

Code 1950, § 40-95.6; 1952, c. 697; 1970, c. 321.
Va. Code Ann. § 40.1-110 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-110
Repealed
Status: repealed

Repealed by Acts 1979, c. 219.
Va. Code Ann. § 40.1-27.2 — Virginia Code / Title 40.1 / Chapter 3 / Article 1 / Section 40.1-27.2
Preference for veterans and spouses
Status: in_force

A. As used in this section, unless the context requires a different meaning:

"Disabled veteran" means a veteran who has been found by the U.S. Department of Veterans Affairs or by the retirement board of one of the several branches of the armed forces to have a compensable service-connected permanent and total disability.

"Veteran" has the same meaning ascribed to such term in § 2.2-2903 .

B. An employer may grant preference in hiring and promotion to a veteran or the spouse of a disabled veteran.

C. Granting preference under subsection B does not violate any local or state equal employment opportunity law.

2014, c. 740 .
Va. Code Ann. § 40.1-63 — Virginia Code / Title 40.1 / Chapter 4 / Article 3 / Section 40.1-63
Recovery by individual unlawfully denied employment
Status: in_force

Any person who may be denied employment or be deprived of continuation of his employment in violation of §§ 40.1-60 , 40.1-61 or § 40.1-62 or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action in the courts of this Commonwealth such damages as he may have sustained by reason of such denial or deprivation of employment.

Code 1950, § 40-73; 1970, c. 321.
Va. Code Ann. § 40.1-51.34 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.34
Right of entry
Status: in_force

Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or private, subject to federal security requirements, to obtain information or conduct surveys or investigations.

1992, c. 541.
Va. Code Ann. § 40.1-51.36 — Virginia Code / Title 40.1 / Chapter 3.3 / Section 40.1-51.36
Judicial review of regulations of Board
Status: in_force

The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

1992, c. 541.
Va. Code Ann. § 40.1-84 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-84
Employment certificate required
Status: in_force

No child under sixteen years of age shall be employed, permitted or suffered to work, in, about or in connection with any gainful occupation with the exception of volunteer work or work on farms, orchards and in gardens and except as provided in §§ 40.1-79.01 , 40.1-101 , and 40.1-102 unless the person, firm or corporation employing such child, procures and keeps on file and accessible to any school attendance officer, representative of the Department or other authorized persons, charged with the enforcement of this chapter, the employment certificate as hereinafter provided, issued for such child.

Code 1950, § 40-100; 1960, c. 434; 1966, c. 603; 1970, c. 321; 1972, cc. 480, 824; 1974, cc. 283, 525; 1979, c. 219; 1991, c. 511.
Va. Code Ann. § 40.1-51.4:2 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-51.4:2
Penalty for making false statements, etc
Status: in_force

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained under this title shall upon conviction be punished by a fine of not more than $10,000, or by imprisonment for not more than six months or by both.

1976, c. 607; 1994, c. 28 .
Va. Code Ann. § 40.1-41 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-41
Repealed
Status: repealed

Repealed by Acts 1979, c. 354.
Va. Code Ann. § 40.1-8 — Virginia Code / Title 40.1 / Chapter 1 / Section 40.1-8
Other officers to furnish information; protected health information under certain circumstances
Status: in_force

A. All State, county, town and city officers shall furnish the Commissioner, upon his request, such statistical or other information as may be in their possession as such officers that will assist the Department in the discharge of its duties.

B. In the discharge of his duties to ensure compliance with federal law and regulation relating to the health and safety of Virginia's workforce and prevention of work-related injuries, disabilities, and deaths, each licensed emergency medical services agency shall release to the Commissioner or his designee the prehospital patient care report required by § 32.1-116.1 when such records are requested for a patient who has suffered an injury, disability or death resulting from an accident or illness that occurred while engaged in his employment without obtaining consent or authorization for such disclosure from the person who is the subject of the records. The patient's health records shall be confidential. The Commissioner and any designee shall only redisclose such protected health information in compliance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services in compliance with the Health Insurance Portability and Accountability Act of 1996, as amended.

Code 1950, § 40-6; 1962, c. 66; 1970, c. 321; 2004, c. 163 .
Va. Code Ann. § 40.1-92 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-92
Issuance of certificates
Status: in_force

A. The Commissioner shall prescribe the procedures for minors and employers concerning issuance and maintenance of employment certificates. The Commissioner may issue certificates both directly and electronically. Employment certificates shall be issued by the Department only upon application of the child desiring employment. The employment certificate shall not be valid unless permission is granted by a parent, guardian, or custodian through means specified by the Commissioner. The Department shall have authority to make any investigation or examination necessary for the issuance thereof. No fee shall be charged for issuing any such certificate nor for rendering any services in respect thereto. The Commissioner shall file and preserve such certificates and related documents.

B. No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any representative of the Commissioner in order to obtain the issuance of an employment certificate.

Code 1950, § 40-101; 1960, c. 434; 1970, c. 321; 1979, c. 219; 1991, c. 511; 2013, c. 15 .
Va. Code Ann. § 40.1-114 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-114
Enforcement of child labor law
Status: in_force

The Commissioner, with the assistance of state and local law-enforcement officers, shall enforce the provisions of this chapter and shall have authority to appoint such representatives as may be necessary to secure the enforcement of this chapter. He shall make all necessary rules and regulations for carrying out the purposes of this chapter, and shall prescribe such forms as may be required for carrying out the provisions of this chapter.

Code 1950, § 40-120; 1970, c. 321; 1979, c. 219; 2015, c. 285 .
Va. Code Ann. § 40.1-33.11 — Virginia Code / Title 40.1 / Chapter 3 / Article 2.2 / Section 40.1-33.11
Retaliatory action prohibited
Status: in_force

No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or (ii) has alleged a violation of this article.

2023, c. 751 .
Va. Code Ann. § 40.1-109.1 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-109.1
Child engaged in the work of content creation; criteria
Status: in_force

A. A child under the age of 16 is considered engaged in the work of content creation when the following criteria are met at any time during the previous 12-month period:

1. At least 30 percent of the content creator's compensated video content produced within a 30-day period included the likeness, name, or photograph of the child. Content percentage is measured by the percentage of time the likeness, name, or photograph of the child or, if more than one child regularly appears in the creator's content, any of the children visually appears or is the subject of an oral narrative in a video segment as compared to the total length of the segment; and

2. The number of views received per video segment on any online platform met the online platform's threshold for the generation of compensation or the content creator received actual compensation for video content equal to or greater than $0.10 per view.

B. All content creators whose content features a child under the age of 16 engaged in the work of content creation shall maintain the following records and shall provide them to the child and the holder of the trust account required pursuant to § 40.1-109.2 on an ongoing basis:

1. The name and documentary proof of the age of the child engaged in the work of content creation;

2. The number of videos that generated compensation as described in subsection A during the reporting period;

3. The total number of minutes of the video content that the content creator received compensation for during the reporting period;

4. The total number of minutes each child was featured in video content during the reporting period;

5. The total compensation generated from video content featuring a child during the reporting period; and

6. The amount deposited into the trust account for the benefit of the child engaged in the work of content creation, as required by § 40.1-109.2 .

C. If a content creator whose video content features a child under the age of 16 engaged in the work of content creation fails to maintain the records as provided in subsection B, the child, or his parent or guardian on behalf of such child, may commence a civil action to enforce the provisions of this section. No action shall be commenced under this section more than two years after the date on which the child engaged in the work of content creation attained 18 years of age.

2025, cc. 699 , 705 .
Va. Code Ann. § 40.1-49.2 — Virginia Code / Title 40.1 / Chapter 3 / Article 5 / Section 40.1-49.2
Repealed
Status: repealed

Repealed by Acts 1979, c. 354.
Va. Code Ann. § 40.1-28.12 — Virginia Code / Title 40.1 / Chapter 3 / Article 1.1 / Section 40.1-28.12
Employee's remedies
Status: in_force

Any employer who violates any of the minimum wage requirements of this article shall be liable to the employee or employees affected for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29 .

1975, c. 530; 2026, c. 1040 .
Va. Code Ann. § 40.1-51.19 — Virginia Code / Title 40.1 / Chapter 3.1 / Article 1 / Section 40.1-51.19
Variances
Status: in_force

Upon application pursuant to the provisions of subdivision (9) of § 40.1-6 , the Commissioner may allow variances from a specific regulation provided the applicant proves by clear and convincing evidence his boiler or pressure vessel meets substantially equivalent operating criteria and standards.

1972, c. 237; 1990, c. 226.
Va. Code Ann. § 40.1-100.1 — Virginia Code / Title 40.1 / Chapter 5 / Section 40.1-100.1
Employment where hazard capable of causing serious physical harm or death
Status: in_force

No person shall employ, suffer, or permit a child to work in any gainful occupation that exposes such child to a recognized hazard capable of causing serious physical harm or death to such child. Any person violating this section shall be subject to a civil monetary penalty in accordance with § 40.1-113 of this chapter.

1991, c. 511.
Va. Code Ann. § 40.1-73 — Virginia Code / Title 40.1 / Chapter 4 / Article 4 / Section 40.1-73
Commissioner to keep Governor informed of negotiations, etc
Status: in_force

The Commissioner shall keep the Governor fully informed as to the progress of the negotiations between the utility and its employees and shall report as soon as practical whether in his judgment a strike or lockout appears to be probable in any such dispute or, if a strike or lockout begins, whether continuation thereof is probable.

Code 1950, § 40-95.4; 1952, c. 697; 1970, c. 321.