Labor & Employment

Labor and employment; warehouse employers; required disclosures and recordkeeping; civil penalties. Requires each employer of 500 or more warehouse employees in the Commonwealth to provide a written description of each quota to which an employee is subject, any incentive or bonus associated with meeting the quota, and any potential adverse employment action that may result from failure to meet the quota. Such employers are also required to disclose the use of an automated or algorithmic management system to monitor or evaluate employee performance. Under the bill, the time periods in quotas must account for relevant standards for meal periods, rest periods, bathroom access, or workplace safety. The bill also requires such employers to keep records of each employee's work-speed data, aggregate work-speed data, and written quota disclosures provided to employees. The bill prohibits retaliatory action against an employee for requesting information, making a good faith complaint, or participating in an investigation and includes a rebuttable presumption that any adverse employment action taken within 90 days of such conduct is retaliatory. Provisions of the bill are enforceable by the Commissioner of Labor and Industry under existing provisions to enforce and remedy safety and health violations.

Workforce Transition Act of 1995; eligibility for transitional severance benefit; officers and employees of the Fort Monroe Authority. Provides that employees of the Fort Monroe Authority are eligible for transitional severance benefits conferred by the Workforce Transition Act of 1995 if (i) reemployment with the Commonwealth is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary and (ii) involuntary separation was due to causes other than job performance or misconduct.

Retaliatory action against employee prohibited; remedies available. Provides that a violation of certain provisions regarding retaliatory action against employees may be alleged in a court of competent jurisdiction within two years after the employer's most recent prohibited retaliatory action. The bill states that in such a case, treble damages may be awarded if such violation was willful.

Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to HB 627.

Employee Child Care Assistance Pilot Program. Establishes the Employee Child Care Assistance Pilot Program (the Pilot Program) to provide matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Pilot Program shall be established by the Virginia Early Childhood Foundation (the Foundation), which will establish guidelines and procedures deemed necessary for administration of the Pilot Program. The bill provides that the Foundation shall provide an interim report to the General Assembly by September 1, 2027, and a summative report to the General Assembly by September 1, 2028, on the effectiveness and impact of the Pilot Program.

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.

Employee Child Care Assistance Program established. Establishes the Employee Child Care Assistance Program to provide matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Program shall be administered by the Virginia Early Childhood Foundation. To participate in the Program, an employer shall agree to make child care contributions to the eligible mixed delivery provider on behalf of the employee or to a third-party administrator, as defined by the bill, and shall provide any other information deemed necessary by the Foundation. The bill specifies that, to the extent funds are available, the Foundation shall issue a state match to a third-party administrator. Program funds shall be awarded on a first-come, first-served basis; however, the bill clarifies that the Foundation is encouraged to prioritize awards to proposals involving contributions from small businesses. The bill requires the Foundation to provide an interim report to the General Assembly by September 1, 2028, and a summative report to the General Assembly by September 1, 2030, on the effectiveness and impact of the Program.

Railroad safety; minimum train crew; movement of freight. Requires a crew of at least two qualified individuals on all trains, locomotives, or light engines used in connection with moving freight except in use for hostler or utility service. The bill requires the State Corporation Commission to include in an existing report the number of probable violations of federal regulations related to railroad safety investigated by the Commission's Division of Utility and Railroad Safety and reported to the Federal Railroad Administration for enforcement. This bill is identical to SB 191.

Department of Energy; workforce development in offshore wind industry. Directs the Director of the Department of Energy to identify and develop training resources to advance workforce development in the offshore wind industry in the Commonwealth. This bill is identical to SB 25.

Minimum wage; farm laborers or farm employees. Eliminates the exemption from Virginia's minimum wage requirements for persons employed as farm laborers or farm employees. The bill has a delayed effective date of January 1, 2027, and is identical to SB 121.