Virginia Personnel Act; hiring preference in state government; certain former federal employees. Allows for an applicant's status as a former federal employee to be given consideration when applying for employment with the Commonwealth if such applicant was terminated from a position of employment with the federal government on or after January 1, 2025, due to a reduction in the federal budget or initiatives put in place by the federal Department of Government Efficiency, provided that such person meets all of the knowledge, skill, and ability requirements for the available position. The bill directs the Department of Human Resource Management, on or before January 1 of each year, to submit a report to the Governor and the General Assembly that includes the number of job applications submitted by candidates who self-identified as former federal employees, as well as the number of jobs offered to such candidates. The bill has an expiration date of January 21, 2029.
School board employee grievance procedure; timing of dispute resolution. Requires the grievance procedure for certain school board employees to afford a timely and fair method of the resolution of disputes arising between the school board and such employees before dismissal or other disciplinary actions, excluding suspensions. Current law requires such procedure to afford a timely and fair method of the resolution of disputes arising between the school board and such employees regarding dismissal or other disciplinary actions, excluding suspensions, but is silent on the timing of such dispute resolution. This bill is identical to HB 116.
Exemptions from garnishment; exemptions in bankruptcy proceedings; disposable earnings. Provides that the exemption provided for a debtor's disposable earnings, defined by current law, that are subject to garnishment also applies to disposable earnings for the purposes of a bankruptcy proceeding.
State-facilitated IRA savings program. Makes various changes to the state-facilitated IRA savings program administered by the Commonwealth Savers Plan. For purposes of defining an eligible employer, the bill (i) reduces the minimum number of eligible employees an organization must have in its employ from 25 to five for the period ending December 31 of the preceding calendar year prior to the program's open enrollment period for that calendar year and (ii) clarifies that such term does not include employers offering and sponsoring a qualified retirement plan, including 401(k) plans. The bill also removes the requirement that an eligible employee, for purposes of the program, works at least 30 hours a week and adds the requirement that participating individuals enrolling in the program independent of an employment relationship with an eligible employer be at least 18 years of age. The bill also expands the powers and duties of the governing board of the Commonwealth Savers Plan to include (a) procedures for reenrollment of participating employees and participating individuals; (b) allowing program participants to invest in a lifetime income option; (c) establishing the resources, tools, and incentives to promote greater financial education and literacy; (d) procedures for receiving and crediting federal matching contributions to an IRA or qualified retirement savings account; and (e) exploring and establishing incentives that encourage participation by eligible employers and eligible employees, including initiatives that incentivize compliance or that defray any costs incurred by an eligible employer to facilitate participation.The bill also requires eligible employers that withhold a program contribution from a participating employee's wages to remit such contribution not later than 10 business days following the date upon which such withholding was made and notes that eligible employers who fail to submit contributions to the program may be in violation of law and incur penalties. This bill is identical to HB 176.
Solar energy facilities; prevailing wage and apprenticeship requirements; report; civil penalties. Requires each solar developer, including its contractors and subcontractors, to ensure payment at the prevailing wage rate set by the Department of Labor and Industry for any mechanic, laborer, or worker employed, retained, or otherwise hired to perform construction, maintenance, or repair work for certain electricity generating sources. The bill requires each solar developer to (i) ensure that a percentage of the total labor hours of such work is performed by qualified apprentices and (ii) employ at least one qualified apprentice if four or more individuals are employed to perform such work. Under the bill, a solar developer that fails to meet the requirements of its provisions is required to make penalty payments to the Commissioner of Labor and Industry.
Protection of employees; stay or pay contracts prohibited; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a stay or pay contract, as defined in the bill, with any employee, with certain exceptions described. An employer that violates the bill's provisions is subject to a civil penalty of $1,000. The bill allows an employee to bring a civil action against an employer or other person that attempts to enforce a stay or pay contract and to seek 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. The bill provides that if the court finds a violation of the bill's provisions, the plaintiff is entitled to recover reasonable costs, including reasonable fees for expert witnesses, and attorney fees.
Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.
Workers' compensation; presumption for certain cancers; sheriffs and deputy sheriffs. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include sheriffs or deputy sheriffs.
Early childhood care and education; Child Care Subsidy Program; income-based eligibility for assistance; development and implementation of phased reduction model. Requires the Department of Education (the Department) to develop and implement a phased reduction model for the Child Care Subsidy Program (the Program) that provides for an assistance phase-out period during which the assistance for which a given family is eligible is incrementally reduced in proportion to the increase in such family's income for the purpose of ensuring that no family receiving child care assistance under the Program experiences a sudden loss in eligibility for assistance as a result of an increase in family income. The bill requires the phased reduction model developed and implemented by the Department to consist of incremental income tiers, with each increase in income tier corresponding to a proportional reduction in the percentage of assistance for which a given family is eligible under the Program. The bill directs the Board of Education to (i) promulgate regulations for the development and implementation of the phased reduction model in accordance with the provisions of the bill and (ii) submit to the U.S. Department of Health and Human Services any amendments to the current Child Care and Development Fund Plan for Virginia as are necessary to implement the provisions of the bill.
Workers' compensation; disability of law-enforcement officer; spousal wage replacement; report. Requires the employer of a law-enforcement officer who sustains a line of duty injury, as defined in the bill, to pay or cause to be paid to the spouse of such law-enforcement officer 66 percent of such spouse's average weekly wage during the previous three years, up to 80 percent of the average weekly wage of the Commonwealth, provided that certain requirements are met. The bill directs the Workers' Compensation Commission to establish an application review process for claims for spousal wage replacement pursuant to the bill's provisions by January 1, 2027. Certain provisions of the bill have a delayed effective date of January 1, 2027.
