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republic-os/legislation/us/states/va/2020/sb-838.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, penalties. 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, or 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 provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000. us/states/va Virginia General Assembly 2020 SB 838 Virginia SB 838 (2020)
bill
enacted
Adam P. Ebbin
6 58 15 2020-01-08 2020-04-10 openstates ocd-bill/5bca02d6-4d0c-4ad0-8557-8409334fa1a2 https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB838 a081648c893697b69d2a6c1a4d7c014860044d94b265d7a7eb538d34f48282b0 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-va

Virginia SB 838 (2020) — Nonpayment of wages; cause of action, penalties.

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, or 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 provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000.

Version chain

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

  1. Acts of Assembly Chapter text (CHAP1038) (committee substitute) — source
  2. Bill text as passed Senate and House (SB838ER) (committee substitute) — source
  3. Engrossed by House - committee substitute SB838H1 (committee substitute) — source
  4. Engrossed by Senate - committee substitute with amendments SB838ES1 (committee substitute) — source
  5. Impact statement from VCSC (SB838) (committee substitute) — source
  6. Impact statement from VCSC (SB838S1) (committee substitute) — source

Votes

  • VOTE: Adoption (52-Y 45-N 1-A) — 51–45 (pass) · lower
  • Passed Senate (22-Y 18-N) — 22–18 (pass) · upper
  • Conference report agreed to by Senate (22-Y 18-N) — 22–18 (pass) · upper
  • Constitutional reading dispensed (39-Y 0-N) — 39–0 (pass) · upper
  • Passed Senate (20-Y 20-N) — 20–20 (fail) · upper
  • Reported from Commerce and Labor with substitute (12-Y 2-N) — 12–2 (pass) · upper
  • Senate acceded to request (23-Y 17-N) — 23–17 (pass) · upper
  • House substitute rejected by Senate (0-Y 40-N) — 0–40 (fail) · upper
  • VOTE: Passage (52-Y 46-N 1-A) — 51–46 (pass) · lower
  • Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
  • Reported from Finance and Appropriations (15-Y 1-N) — 15–1 (pass) · upper
  • Constitutional reading dispensed (36-Y 0-N) — 36–0 (pass) · upper
  • Reconsideration of passage agreed to by Senate (39-Y 1-N) — 39–1 (pass) · upper
  • Engrossment reconsidered by Senate (40-Y 0-N) — 40–0 (pass) · upper
  • Reported from Labor and Commerce with substitute (11-Y 8-N) — 11–8 (pass) · lower

Sponsors

  • Adam P. Ebbin — primary (person)
  • Jennifer L. McClellan — cosponsor (person)

Timeline

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

  • 2020-01-08 Prefiled and ordered printed; offered 01/08/20 20104975D introduction
  • 2020-01-08 Referred to Committee on Commerce and Labor referral-committee
  • 2020-01-13 Impact statement from VCSC (SB838)
  • 2020-02-03 Impact statement from DPB (SB838)
  • 2020-02-03 Reported from Commerce and Labor with substitute (12-Y 2-N) committee-passage
  • 2020-02-03 Committee substitute printed 20106124D-S1 substitution
  • 2020-02-03 Rereferred to Finance and Appropriations referral-committee
  • 2020-02-06 Impact statement from VCSC (SB838S1)
  • 2020-02-06 Impact statement from DPB (SB838S1)
  • 2020-02-06 Reported from Finance and Appropriations (15-Y 1-N) committee-passage
  • 2020-02-10 Constitutional reading dispensed (36-Y 0-N)
  • 2020-02-11 Read second time reading-2
  • 2020-02-11 Reading of substitute waived
  • 2020-02-11 Committee substitute agreed to 20106124D-S1
  • 2020-02-11 Engrossed by Senate - committee substitute SB838S1
  • 2020-02-11 Constitutional reading dispensed (40-Y 0-N)
  • 2020-02-11 Passed Senate (20-Y 20-N) passage
  • 2020-02-11 Chair votes Yes
  • 2020-02-11 Reconsideration of passage agreed to by Senate (39-Y 1-N)
  • 2020-02-11 Passed by temporarily
  • 2020-02-11 Engrossment reconsidered by Senate (40-Y 0-N)
  • 2020-02-11 Reading of amendments waived
  • 2020-02-11 Amendments by Senator Ebbin agreed to amendment-passage
  • 2020-02-11 Engrossed by Senate - committee substitute with amendments SB838ES1
  • 2020-02-11 Printed as engrossed 20106124D-ES1
  • 2020-02-11 Constitutional reading dispensed (39-Y 0-N)
  • 2020-02-11 Passed Senate (22-Y 18-N) passage
  • 2020-02-14 Placed on Calendar
  • 2020-02-14 Read first time reading-1
  • 2020-02-14 Referred to Committee on Labor and Commerce referral-committee
  • 2020-02-18 House committee, floor amendments and substitutes offered
  • 2020-02-21 Impact statement from DPB (SB838ES1)
  • 2020-02-25 Reported from Labor and Commerce with substitute (11-Y 8-N) committee-passage
  • 2020-02-25 Committee substitute printed 20109103D-H1 substitution
  • 2020-02-27 Read second time reading-2
  • 2020-02-28 Read third time reading-3
  • 2020-02-28 Committee substitute agreed to 20109103D-H1
  • 2020-02-28 Engrossed by House - committee substitute SB838H1
  • 2020-02-28 Passed House with substitute (52-Y 46-N 1-A) passage
  • 2020-02-28 VOTE: Passage (52-Y 46-N 1-A)
  • 2020-03-02 Impact statement from DPB (SB838H1)
  • 2020-03-02 House substitute rejected by Senate (0-Y 40-N)
  • 2020-03-03 House insisted on substitute
  • 2020-03-03 House requested conference committee
  • 2020-03-04 Senate acceded to request (23-Y 17-N)
  • 2020-03-04 Conferees appointed by Senate
  • 2020-03-05 Conferees appointed by House
  • 2020-03-05 Amended by conference committee
  • 2020-03-05 Conference report agreed to by House (52-Y 45-N 1-A)
  • 2020-03-05 VOTE: Adoption (52-Y 45-N 1-A)
  • 2020-03-07 Conference report agreed to by Senate (22-Y 18-N)
  • 2020-03-18 Enrolled
  • 2020-03-18 Signed by President
  • 2020-03-19 Signed by Speaker
  • 2020-03-20 Enrolled Bill Communicated to Governor on March 20, 2020
  • 2020-03-20 Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 2020-03-23 Impact statement from DPB (SB838ER)
  • 2020-04-10 Approved by Governor-Chapter 1038 (effective 7/1/20) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/5bca02d6-4d0c-4ad0-8557-8409334fa1a2. Confidence: reported (aggregated from official Virginia legislature records).

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