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republic-os/legislation/us/states/va/2020/hb-123.md
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Fabio 5a13be122b Legislation: batch E — CA TN VA VT WA WI WV WY 
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 17:28:36 -04:00

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type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill Nonpayment of wages; cause of action, civil penalty. Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, on behalf of similarly situated employees as a collective action under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees. This bill incorporates HB 482. us/states/va Virginia General Assembly 2020 HB 123 Virginia HB 123 (2020)
bill
enacted
Jennifer Carroll Foy
6 46 8 2019-12-16 2020-04-08 openstates ocd-bill/51e3cee2-1fa7-40a0-80dc-b21fbf35bbd1 https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB123 24cff92c359bb2b34af313fc0c69a79eacddd6be762d255d4924405b9ebb8c55 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-va

Virginia HB 123 (2020) — Nonpayment of wages; cause of action, civil penalty.

Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, on behalf of similarly situated employees as a collective action under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees. This bill incorporates HB 482.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. Acts of Assembly Chapter text (CHAP0868) (committee substitute) — source
  2. Bill text as passed House and Senate (HB123ER) (committee substitute) — source
  3. Engrossed by House - committee substitute with amendment HB123EH1 (committee substitute) — source
  4. Engrossed by House - committee substitute with amendment HB123EH1 (committee substitute) — source
  5. Engrossed by Senate - committee substitute HB123S1 (committee substitute) — source
  6. Impact statement from VCSC (HB123H1) (committee substitute) — source

Votes

  • Constitutional reading dispensed (38-Y 0-N) — 38–0 (pass) · upper
  • Passed Senate with substitute (23-Y 17-N) — 23–17 (pass) · upper
  • Reported from Finance and Appropriations with substitute (14-Y 2-N) — 14–2 (pass) · upper
  • VOTE: Adoption (51-Y 45-N 1-A) — 50–45 (pass) · lower
  • Reported from Labor and Commerce with substitute (10-Y 8-N) — 10–8 (pass) · lower
  • Reported from Commerce and Labor with amendment (12-Y 3-N) — 12–3 (pass) · upper
  • VOTE: Passage (53-Y 44-N 1-A) — 52–44 (pass) · lower
  • Subcommittee recommends reporting with substitute (4-Y 3-N) — 4–3 (pass) · lower

Sponsors

  • Jennifer Carroll Foy — primary (person)
  • Chris L. Hurst — cosponsor (person)
  • Clinton L. Jenkins — cosponsor (person)
  • Elizabeth R. Guzman — cosponsor (person)
  • Hala S. Ayala — cosponsor (person)
  • Ibraheem S. Samirah — cosponsor (person)
  • Jeion A. Ward — cosponsor (person)
  • Kathleen Murphy — cosponsor (person)
  • Kaye Kory — cosponsor (person)
  • Marcus B. Simon — cosponsor (person)
  • Mark H. Levine — cosponsor (person)
  • Patrick A. Hope — cosponsor (person)
  • Paul E. Krizek — cosponsor (person)
  • Sam Rasoul — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2019-12-16 Prefiled and ordered printed; offered 01/08/20 20101396D introduction
  • 2019-12-16 Referred to Committee on Labor and Commerce referral-committee
  • 2020-01-14 Assigned L & C sub: Subcommittee #1 referral-committee
  • 2020-01-28 House subcommittee amendments and substitutes offered
  • 2020-01-28 Subcommittee recommends reporting with substitute (4-Y 3-N)
  • 2020-01-30 Committee substitute printed 20106941D-H1 substitution
  • 2020-01-30 Incorporates HB482 (Kory)
  • 2020-01-30 Reported from Labor and Commerce with substitute (10-Y 8-N) committee-passage
  • 2020-02-03 Read first time reading-1
  • 2020-02-04 House committee, floor amendments and substitutes offered
  • 2020-02-04 Read second time reading-2
  • 2020-02-04 Committee substitute agreed to 20106941D-H1
  • 2020-02-04 Amendment by Delegate Carroll Foy agreed to amendment-passage
  • 2020-02-04 Pending question ordered
  • 2020-02-04 Engrossed by House - committee substitute with amendment HB123EH1
  • 2020-02-04 Printed as engrossed 20106941D-EH1
  • 2020-02-05 Read third time and passed House (53-Y 44-N 1-A) passage, reading-3
  • 2020-02-05 VOTE: Passage (53-Y 44-N 1-A)
  • 2020-02-06 Impact statement from VCSC (HB123)
  • 2020-02-06 Constitutional reading dispensed
  • 2020-02-06 Impact statement from VCSC (HB123EH1)
  • 2020-02-06 Referred to Committee on Commerce and Labor referral-committee
  • 2020-02-06 Impact statement from VCSC (HB123H1)
  • 2020-02-11 Impact statement from DPB (HB123EH1)
  • 2020-02-17 Reported from Commerce and Labor with amendment (12-Y 3-N) committee-passage
  • 2020-02-17 Rereferred to Finance and Appropriations referral-committee
  • 2020-02-25 Reported from Finance and Appropriations with substitute (14-Y 2-N) committee-passage
  • 2020-02-25 Committee substitute printed 20108922D-S1 substitution
  • 2020-02-26 Constitutional reading dispensed (38-Y 0-N)
  • 2020-02-27 Read third time reading-3
  • 2020-02-27 Committee amendment rejected
  • 2020-02-27 Reading of substitute waived
  • 2020-02-27 Committee substitute agreed to 20108922D-S1
  • 2020-02-27 Engrossed by Senate - committee substitute HB123S1
  • 2020-02-27 Passed Senate with substitute (23-Y 17-N) passage
  • 2020-03-02 Placed on Calendar
  • 2020-03-02 Impact statement from DPB (HB123S1)
  • 2020-03-02 Senate substitute agreed to by House 20108922D-S1 (51-Y 45-N 1-A)
  • 2020-03-02 VOTE: Adoption (51-Y 45-N 1-A)
  • 2020-03-05 Enrolled
  • 2020-03-05 Impact statement from DPB (HB123ER)
  • 2020-03-06 Signed by Speaker
  • 2020-03-06 Signed by President
  • 2020-03-12 Enrolled Bill communicated to Governor on March 12, 2020
  • 2020-03-12 Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 2020-04-08 Approved by Governor-Chapter 868 (effective 7/1/20) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/51e3cee2-1fa7-40a0-80dc-b21fbf35bbd1. Confidence: reported (aggregated from official Virginia legislature records).

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