Virginia 2022 Regular Session

Virginia Senate Bill SB631

Introduced
1/17/22  
Refer
1/17/22  
Report Pass
2/7/22  
Report Pass
2/10/22  
Engrossed
2/15/22  
Engrossed
2/15/22  
Refer
2/21/22  
Report Pass
2/24/22  
Engrossed
3/1/22  
Engrossed
3/3/22  
Engrossed
3/3/22  
Engrossed
3/3/22  
Enrolled
3/8/22  
Chaptered
4/11/22  

Caption

Fair Labor Standards Act; employer liability, overtime required for certain employees, report.

Impact

The legislation notably impacts the enforcement of overtime compensation, particularly outlining a requirement that businesses pay their employees at least one and a half times their regular rate for hours worked over 40 in a workweek. This aligns closely with federal standards but includes provisions that hold employers accountable for violations. Under SB631, failure to comply with prescribed wage payment practices can lead to significant penalties, including additional damages and attorney fees, thus tightening the legal framework surrounding employee compensation and employer liabilities.

Summary

Senate Bill 631 addresses wage payment timelines and employer obligations regarding overtime for certain employees in the Commonwealth of Virginia. The bill mandates that all employers must set regular pay periods and ensures that employees are compensated on a timely basis, consolidating the requirements for wage payment with existing regulations under the Fair Labor Standards Act. Additionally, it underscores that employers are prohibited from withholding wages except for specific circumstances defined by law and mandates written disclosures regarding deductions from wages. This aims to enhance transparency and protect employee rights regarding their earnings.

Sentiment

The sentiment around SB631 appeared to skew in favor of strengthening employee rights and protections against wage theft and improper pay practices. Supporters argue that it boosts fairness in the workplace and ensures proper compensation for labor. However, there are concerns among some employer groups who fear that such stringent requirements may create undue burdens on businesses, particularly small enterprises, leading to a potential increase in administrative costs associated with compliance.

Contention

Notable points of contention include debates surrounding the monitoring and enforcement mechanisms for the law, as well as the appropriateness of the penalties for noncompliance. Critics raise concerns about the ramifications of imposing severe penalties, arguing that it could potentially discourage employment growth and create an adversarial relationship between employees and employers. The need for a balance between protecting workers and fostering a business-friendly environment has been a focal point of discussions surrounding this legislation.

Companion Bills

VA HB1173

Same As Fair Labor Standards Act; employer liability, overtime required for certain employees, report.

Previously Filed As

VA HB1173

Fair Labor Standards Act; employer liability, overtime required for certain employees, report.

VA SB967

Minimum wage and overtime pay; warehouse distribution center employees and employers.

VA SB685

Minimum wage and overtime pay; warehouse distribution center employees and employers, civil action.

VA SB685

Minimum wage and overtime pay; warehouse distribution center employees and employers, civil action.

VA HB2098

Labor & employment provisions; application of law, protection of employees, definition of employer.

VA HB2561

Employee protections; minimum wage and overtime wages, civil actions, misclassification of workers.

VA HB325

Minimum wage and overtime wages; civil actions.

VA HB5890

Labor: fair employment practices; severance pay for certain employees who are laid off; require employers to pay for relocations and mass layoffs. Creates new act.

VA HB1550

Minimum wage; establish at $8.50 for certain employees and set requirements for exemptions and overtime.

VA HB676

Fair Labor Standards Act waiver; employees with disabilities.

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