Misclassification of workers; cause of action.
Summary
Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. This bill is identical to HB 984.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House of Delegates Passage
Feb 2020
Signed into Law
Mar 2020
Introduced Jan 8, 2020
Signed Mar 18, 2020
Floor votes · Senate Feb 11, 2020 · House of Delegates Feb 28, 2020
How they voted
21–19
Passed
Total votes 40
Feb 11, 2020
D
Democratic21
100% Yea
R
Republican19
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
3
Committee
4
Mar 18, 2020
Signed into law
Approved by Governor-Chapter 381 (effective 7/1/20)
Feb 28, 2020
House of Delegates · Passed
Passed House (64-Y 35-N)
Feb 25, 2020
House of Delegates · Reported by committee
Reported from Labor and Commerce (19-Y 3-N)
Feb 18, 2020
House of Delegates · Referred to committee
Referred to Committee on Labor and Commerce
Feb 11, 2020
Senate · Passed
Passed Senate (21-Y 19-N)
Feb 9, 2020
Senate · Reported by committee
Reported from Commerce and Labor (12-Y 3-N)
Jan 8, 2020
Senate · Referred to committee
Referred to Committee on Commerce and Labor
Jan 8, 2020
Senate · Introduced
Prefiled and ordered printed; offered 01/08/20 20105117D
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
DS
Dick Saslaw
DDemocratic
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