Labor & Employment

Virginia Law Officers' Retirement System; emergency dispatchers. Extends membership in the Virginia Law Officers' Retirement System (VaLORS) to emergency dispatchers who are employed by the Department of State Police, Capitol Police, and agencies whose law-enforcement officers are eligible for membership in VaLORS. The bill has a delayed effective date of July 1, 2027, and provides that such membership applies only to service earned on or after July 1, 2027.

Public school teachers; terms of employment; reemployment of teacher who has received continuing contract status; written notice required. Requires written notice of noncontinuation of a continuing teacher contract to be given by the teacher by June 15 of each year; otherwise, the contract continues in effect for the ensuing year in conformity with local salary stipulations, including increments. Current law requires such written notice of noncontinuation of a continuing teacher contract to be given by either the teacher or the school board by June 15 of each year. This bill is identical to SB 117.

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.

Virginia Minimum Wage Act; enforcement; penalties. Provides that an employer that violates provisions relating to minimum wage is liable to the employee for the applicable remedies, damages, penalties, and other relief available in a proceeding brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill provides that criminal and civil penalties currently applicable to the nonpayment of wages shall apply to an employer that violates the Virginia Minimum Wage Act.

State officers and employees; state agencies to establish alternative work schedules; reporting requirement. Adds to the annual reporting requirements of each state agency the requirement to include what percentage of changes to the number of employees participating in telecommuting and alternative work is a result of changes in workforce size, a reclassification of positions, or an expansion of telecommuting and alternative work opportunities and the number of employees approved and denied telecommuting and alternative work eligibility. The bill also requires the Department of Human Resource Management to review and publish on its website the statewide telecommuting and alternative work schedule policy every two years.

Wage garnishment; state tax debt. Provides that the maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to collect delinquent taxes and charges owed to the state government shall not exceed the lesser of (i) 25 percent of such individual's disposable earnings for that week or (ii) the amount by which such individual's disposable earnings exceed 40 times the federal or Virginia minimum wage, whichever is greater. The bill also directs the Department of Taxation to recognize Currently Not Collectible status granted by the Internal Revenue Service and to offer taxpayers with such status a similar Virginia status with comparable protections from collection activities. The bill contains technical amendments and has a delayed effective date of July 1, 2027.

Line of Duty Act; sheriffs and deputy sheriffs. Provides that a sheriff or deputy sheriff shall be eligible for Line of Duty Act benefits. Under current law, sheriffs or deputy sheriffs are only eligible for Line of Duty Act benefits in the City of Richmond.

Workplace violence policy required for certain employers; civil penalty. Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2027. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation. The bill prohibits retaliation from an employer on the basis of reporting a workplace violence incident and provides that any employee who makes a report of workplace violence shall be immune from civil liability. The bill has a delayed effective date of January 1, 2027.

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 SB 128.

School board policies; unpaid educational leave for certain employee association officers; purchase of service credit. Requires each school board to adopt a policy to approve unpaid educational leave for school board employees who are state employee association executive officers and for up to two school board employees who are local employee association officers for a maximum of four years per officer. The bill permits employee association officers approved for such leave to purchase service credit with the Virginia Retirement System for such period of leave.