SB 28 Virginia Senate · 2026 Regular Session

Overtime for certain employees; pay for domestic workers, delayed effective date.

Summary
Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to HB 27.
Bill status vetoed 4 of 5 stages cleared
Introduction
Nov 2025
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Vetoed
Apr 2026
Introduced Nov 17, 2025 Vetoed Apr 13, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Labor and Commerce Substitute Substitute · 3 edits
MINOR
The bill was revised from a House substitute to a Senate substitute, changing the title from 'Labor and Commerce Substitute' to 'Senate Substitute' and updating the filing date to March 5, 2026. The most significant policy change is the addition of specific exemptions for au pairs and certain consumer-directed service workers, clarifying that these groups are not covered by the new overtime rules. The core requirements for overtime pay, liquidated damages, and the statute of limitations remain unchanged.
Scope change
The bill's scope was narrowed by adding explicit exemptions for au pairs and employees providing consumer-directed services under specific Social Security Act titles, whereas the previous version did not list these specific exclusions.
ELIGIBILITY

Added exemptions for au pairs in the U.S. Department of State's Exchange Visitor Program and employees providing consumer-directed services under Title XIX and Title XXI of the Social Security Act.

TECHNICAL

Updated the document title to 'Senate Substitute' and changed the proposal date from February 19, 2026, to March 5, 2026.

Adjusted line breaks and formatting to comply with Senate document standards.

Floor votes · Senate Feb 4, 2026 · House of Delegates Feb 24, 2026

How they voted

390
Passed
Total votes 39
Feb 4, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
46
Key actions
12
Committee
8
Amendments
2
Apr 13, 2026
Vetoed
Governor's recommendation received by Senate
executive
Mar 12, 2026
Upper · Passed
Signed by President
upper
Mar 12, 2026
Lower · Passed
Signed by Speaker
lower
Mar 12, 2026
Upper · Passed
Bill text as passed Senate and House (SB28ER)
upper
Mar 6, 2026
Lower · Passed
Conference report agreed to by House (60-Y 35-N 1-A)
lower
Mar 6, 2026
Upper · Passed
Conference report agreed to by Senate (22-Y 18-N 0-A)
upper
Mar 5, 2026
Legislature · Passed
Conference Report released
legislature
Feb 27, 2026
Committee
House requested conference committee
lower
Feb 24, 2026
Lower · Passed
Passed House with substitute (63-Y 34-N 1-A)
lower
Feb 19, 2026
Lower · Passed
Reported from Labor and Commerce with substitute (14-Y 6-N)
lower
Feb 12, 2026
Committee
Referred to Committee on Labor and Commerce
lower
Feb 6, 2026
Upper · Passed
Read third time and passed Senate (22-Y 18-N 0-A)
upper
Feb 5, 2026
Introduced
Engrossed by Senate as amended (Voice Vote)
upper
Feb 5, 2026
Upper · Passed
Commerce and Labor Amendments agreed to
upper
Feb 4, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Feb 2, 2026
Upper · Passed
Reported from Commerce and Labor with amendments (9-Y 6-N)
upper
Nov 17, 2025
Committee
Referred to Committee on Commerce and Labor
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jennifer Carroll Foy
Jennifer Carroll Foy
DDemocratic
VA
33