dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-1. Department continued; powers and duties generally; delegation of authority concerning occupational health.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-10. Offenses in regard to examinations, inspections, etc.
If any person who may be sworn to give testimony shall willfully fail or refuse to answer any legal and proper question propounded to him concerning the subject of such examination as indicated in § 40.1-6, or if any person to whom a written or printed list of such interrogatories has been furnished by the Commissioner shall neglect or refuse to answer fully and return the same under oath, or if any person in charge of any business establishment shall refuse admission to, or obstruct in any manner the inspection or investigation of such establishment or the proper performance of the authorized duties of the Commissioner or any of his representatives, he shall be guilty of a misdemeanor. Such person, upon conviction thereof, shall be fined not exceeding $100 nor less than $25 or imprisoned in jail not exceeding 90 days, or both.

Code 1950, § 40-8; 1962, c. 66; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-11. Using or revealing information gathered.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-11.1. Employment of illegal immigrants.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-11.2. Participation in E-Verify program.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-11.3. Human trafficking hotline; posted notice required; civil penalty.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-11.4. Seizure first aid posters.
The Department shall provide all employers and employees in the Commonwealth with in-color informational posters, at least 8.5 inches by 11 inches in size, with respect to rendering seizure first aid. The information shall be disseminated by means determined by the Department, including electronically, and the information approved by the Department shall be fully consistent with information and guidelines developed by the Epilepsy Foundation of America and any such successor organization. Each employer of 25 or more employees in the Commonwealth shall physically post information on seizure first aid provided by the Department in a prominent position in the employer's workplace that is visible to employees. For the purposes of this section, "seizure first aid" means procedures to respond, attend, and provide comfort and safety to an individual suffering from a seizure. "Seizure first aid" does not include training to medically treat an individual suffering from a seizure. Nothing in this section shall be construed to supersede any other provision of law, including the exemption from liability for a person rendering emergency care in good faith without compensation pursuant to the provisions of § 8.01-225.

2022, c. 162.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-2. Definitions.
As used in this title, unless the context clearly requires otherwise, the following terms have the following meanings:

"Board" means the Safety and Health Codes Board.

"Business establishment" means any proprietorship, firm, or corporation where people are employed, permitted, or suffered to work, including agricultural employment on a farm.

"Commission" means the Safety and Health Codes Board.

"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.

"Content" means audiovisual content shared on an online platform in exchange for compensation.

"Content creator" means an individual or individuals 18 years of age or older, including family members, who create video content performed in the Commonwealth in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of the content creation. "Content creator" does not include a child who produces his own video content.

"Department" means the Department of Labor and Industry.

"Domestic service" means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs. "Domestic service" does not include work that is irregular, uncertain, or incidental in nature and duration.

"Employ" shall include to permit or suffer to work.

"Employee" means any person who, in consideration of wages, salaries, or commissions, may be permitted, required, or directed by any employer to engage in any employment directly or indirectly.

"Employer" means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee.

"Female" or "woman" means a female 18 years of age or over.

"Machinery" means machines, belts, pulleys, motors, engines, gears, vats, pits, elevators, conveyors, shafts, or tunnels, including machinery being operated on farms in connection with the production or harvesting of agricultural products.

"Online platform" means any public-facing website, web application, or digital application, including a mobile application. "Online platform" includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.

Code 1950, § 40-1.1; 1962, c. 66; 1966, c. 90; 1970, c. 321; 1972, c. 567; 1973, c. 425; 1985, c. 448; 2004, c. 294; 2021, Sp. Sess. I, cc. 509, 513; 2025, cc. 699, 705.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-2.01. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Board, the Commissioner, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, the Commissioner, or the Department may be sent by regular mail.

2011, c. 566.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-2.1. Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-3. Title provides for safety, health and welfare of employees.
The provisions of this title are intended to provide solely for the safety, health and welfare of employees and the benefits thereof shall not run to any other person nor shall a third party have any right of action for breach of any provision of this title except as herein otherwise specifically provided.

Code 1950, § 40-1.2; 1962, c. 66; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-4. Repealed.
Repealed by Acts 1984, c. 734.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-4.1. Annual report.
The Department shall submit an annual report to the Governor and General Assembly which contains statistical information derived from its programs and activities.

1984, c. 734; 2004, c. 650.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-5. Governor to appoint Commissioner of Labor and Industry.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-7. Attorney for the Commonwealth to prosecute on request of Commissioner.
The attorney for the Commonwealth of the proper county or city, upon the request of the Commissioner, or any of his authorized representatives, shall prosecute any violation of law or rule or regulation adopted thereunder which it is made the duty of the Commissioner to enforce.

Code 1950, § 40-5; 1962, c. 66; 1970, c. 321.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-8. Other officers to furnish information; protected health information under certain circumstances.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 1 (DEPARTMENT OF LABOR AND INDUSTRY)
§ 40.1-9. How Department maintained.
The Department shall be maintained from such appropriations as the General Assembly may make for the purpose. The compensation of the Commissioner and of all other employees of the Department shall be fixed and paid in accordance with law.

Code 1950, § 40-7; 1962, c. 66; 1970, c. 321.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 2 (EMPLOYMENT AGENCIES [Repealed])
§ 40.1-12. Repealed.
Repealed by Acts 1978, c. 840.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-22.1. Governor authorized to enter certain agreements.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-23. Repealed.
Repealed by Acts 1988, c. 340, effective January 1, 1989.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-26. Repealed.
Repealed by Acts 1979, c. 631.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-27. Preventing employment by others of former employee.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-27.2. Preference for veterans and spouses.
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.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-27.3. Retaliatory action against employee prohibited.
A. An employer shall not 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:

1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official;

2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry;

3. Refuses to engage in a criminal act that would subject the employee to criminal liability;

4. Refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or

5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation.

B. This section does not:

1. Authorize an employee to make a disclosure of data otherwise protected by law or any legal privilege;

2. Permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth; or

3. Permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.

C. 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.

2020, c. 1136.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-27.4. Discipline for employee's medicinal use of cannabis oil prohibited.
A. As used in this section:

"Cannabis oil" means the same as that term is defined in § 4.1-1600.

"Employee" means the same as that term is defined in § 40.1-2, except that for the purposes of this section, "employee" does not include any law-enforcement officer, as defined in § 9.1-101.

"Employer" means the same as that term is defined in § 40.1-2, except that for the purposes of this section, "employer" also includes the Commonwealth, any county, city, town, or other political subdivision thereof, and any agency of the Commonwealth or such county, city, town, or political subdivision.

B. No employer shall discharge, discipline, or discriminate against an employee for such employee's lawful use of cannabis oil under the laws of the Commonwealth pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease pursuant to § 4.1-1601.

C. Notwithstanding the provisions of subsection B, nothing in this section shall (i) restrict an employer's ability to take any adverse employment action for any work impairment caused by the use of cannabis oil or to prohibit possession during work hours, (ii) require an employer to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding, or (iii) require any defense industrial base sector employer or prospective employer, as defined by the U.S. Cybersecurity and Infrastructure Security Agency, to hire or retain any applicant or employee who tests positive for tetrahydrocannabinol (THC) in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test.

2021, Sp. Sess. I, c. 395; 2023, cc. 740, 773; 2024, cc. 632, 674.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.01. Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment.
A. No employer shall require an employee or a prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision relating to nondisparagement, that has the purpose or effect of concealing the details relating to a claim of sexual assault pursuant to § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4 or a claim of sexual harassment as defined in § 30-129.4 as a condition of employment. Any such provision is against public policy and is void and unenforceable.

B. This section shall in no way limit other grounds that exist at law or in equity for the unenforceability of any such agreement or any provision of such agreement.

2019, c. 131; 2023, c. 511.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.1. Repealed.
Repealed by Acts 2005, c. 823, effective July 1, 2005.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.10. Minimum wages.
A. 1. Prior to May 1, 2021, every employer shall pay to each of its employees wages at a rate not less than the federal minimum wage.

2. Beginning May 1, 2021, every employer shall pay to each of his employees at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision "employee" means any person or individual who is enrolled in an established employer on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner.

B. From May 1, 2021, until January 1, 2022, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $9.50 per hour or (ii) the federal minimum wage.

C. From January 1, 2022, until January 1, 2023, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $11.00 per hour or (ii) the federal minimum wage.

D. From January 1, 2023, until January 1, 2025, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.00 per hour or (ii) the federal minimum wage.

E. From and after January 1, 2025, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage.

F. By October 1, 2024, and annually thereafter, the Commissioner shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1. The Commissioner shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available. The amount of each annual adjustment shall not be less than zero.

1975, c. 530; 1976, c. 736; 1978, c. 371; 1980, c. 532; 1991, cc. 547, 596; 1997, c. 544; 2020, cc. 1204, 1242.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.11. Penalties.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.12. Employee's remedies.
Any employer who violates the minimum wage requirements of this law shall be liable to the employee or employees affected in the amount of the unpaid minimum wages, plus interest at eight per centum per annum upon such unpaid wages as may be due the plaintiff, said interest to be awarded from the date or dates said wages were due the employee or employees. The court may, in addition to any judgment awarded to the employee or employees, require defendant to pay reasonable attorney's fees incurred by the employee or employees.

1975, c. 530.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.5. Repealed.
Repealed by Acts 2004, c. 608.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.6. Equal pay irrespective of sex.
No employer having employees shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.

For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this section shall be deemed to be unpaid wages or unpaid overtime compensation and the employee whose wages have been wrongfully withheld in violation of this section shall have a right of action therefor to recover damages to the extent of two times the amount of wages so withheld.

This section shall not apply to employers covered by the Fair Labor Standards Act of 1938 as amended. Every action under this section shall be brought within two years next after the right to bring the same shall have accrued; provided, however, that nothing herein shall be construed to give rise to a cause of action for work performed prior to July 1, 1974.

1974, c. 405.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7. Repealed.
Repealed by Acts 1985, c. 421.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment.
A. No employer shall:

1. Request, require, solicit or administer a genetic test, as defined in § 38.2-508.4, to any person as a condition of employment; or

2. Refuse to hire, fail to promote, discharge or otherwise adversely affect any terms or conditions of employment of any employee or prospective employee solely on the basis of a genetic characteristic, as defined in § 38.2-508.4, or the results of a genetic test, regardless of how the employer obtained such information or results. Nothing in this section shall preclude the use of information related to a criminal investigation.

B. The employee may bring an action in a court of competent jurisdiction over the employer who took adverse action against the employee in violation of this section. Any such action shall be brought within 180 days from the date of the adverse action. The court may, in its discretion, award actual or punitive damages, including back pay with interest at the judgment rate as provided in § 6.2-302, or injunctive relief.

C. Nothing in this section shall be construed to require the Department of Labor and Industry to conduct any investigations or enforcement actions.

D. As used in subdivision A 2 of this section, "terms and conditions of employment" shall not include any long term care, life or disability insurance policy.

2002, cc. 565, 659.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:10. Prohibited use of employee's social security number; civil penalty.
A. No employer shall (i) use an employee's social security number or any derivative thereof as such employee's identification number or (ii) include an employee's social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee.

B. Any employer that knowingly 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 that he 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 under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employers.

C. 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.

2023, c. 135.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:11. Veterans benefits and services poster.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings.
A. As used in this section:

"Criminal proceedings" means a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including:

1. The initial appearance of the person suspected of committing the criminal offense against the victim;

2. Any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release;

3. Any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court;

4. Any sentencing proceeding;

5. Any proceeding in which postconviction release from confinement is considered;

6. Any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person who is convicted of committing a criminal offense against the victim; or

7. Any proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.

"Undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.

"Victim" has the same meaning ascribed to the term in § 19.2-11.01.

B. Every employer shall allow an employee who is a victim of a crime to leave work to be present at all criminal proceedings relating to a crime against the employee, as long as the employee has provided the employer with a copy of the form provided to the employee by the law-enforcement agency pursuant to subsection A of § 19.2-11.01 and, if applicable, provided the employer a copy of the notice of each scheduled criminal proceeding that is provided to the employee as victim. However, an employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

C. An employer shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection B.

D. An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection B.

E. An employer shall not refuse to hire or employ, to bar or to discharge from employment, or to discriminate against, an individual in compensation or other terms, conditions, or privileges of employment because the individual leaves work to attend a criminal proceeding pursuant to this section.

2007, c. 423.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:3. Earned income tax credit; employer notice to employee.
Every employer shall post in the same location where other employee notices required by state or federal law are posted any notice provided by the Virginia Department of Social Services that informs employees that they may be eligible for federal and state earned income tax credits and may apply for the credit on their tax returns or receive the credit in advance payments during the year.

2009, c. 698.

Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:4. Release of employee's personal identifying information.
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.
Code of Virginia — Title 40.1 (Labor and Employment), Chapter 3 (PROTECTION OF EMPLOYEES)
§ 40.1-28.7:5. Social media accounts of current and prospective employees.
A. As used in this section:

"Employer" includes, in addition to the persons enumerated in the definition of employer in § 40.1-2, (i) any unit of state or local government and (ii) any agent, representative, or designee of a person or unit of government that constitutes an employer.

"Social media account" means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. "Social media account" does not include an account (i) opened by an employee at the request of an employer; (ii) provided to an employee by an employer such as the employer's email account or other software program owned or operated exclusively by an employer; (iii) set up by an employee on behalf of an employer; or (iv) set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks.

B. An employer shall not require a current or prospective employee to:

1. Disclose the username and password to the current or prospective employee's social media account; or

2. Add an employee, supervisor, or administrator to the list of contacts associated with the current or prospective employee's social media account.

C. If an employer inadvertently receives an employee's username and password to, or other login information associated with, the employee's social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer's network, the employer shall not be liable for having the information but shall not use the information to gain access to an employee's social media account.

D. An employer shall not:

1. Take action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his rights under this section; or

2. Fail or refuse to hire a prospective employee for exercising his rights under this section.

E. This section does not prohibit an employer from viewing information about a current or prospective employee that is publicly available.

F. Nothing in this section:

1. Prevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or

2. Affects an employer's existing rights or obligations to request an employee to disclose his username and password for the purpose of accessing a social media account if the employee's social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee's violation of federal, state, or local laws or regulations or of the employer's written policies. If an employer exercises its rights under this subdivision, the employee's username and password shall only be used for the purpose of the formal investigation or a related proceeding.

2015, c. 576.