Fabio
103 lines
6.3 KiB
Markdown
103 lines
6.3 KiB
Markdown
---
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type: "Bill"
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title: "Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc."
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description: "Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2020"
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identifier: "HB 1407"
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citation: "Virginia HB 1407 (2020)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Jeion A. Ward"]
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version_count: 4
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action_count: 34
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vote_count: 7
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first_action: "2020-01-08"
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last_action: "2020-04-06"
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source: "openstates"
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source_identifier: "ocd-bill/7d2a87df-9f80-47e8-90ac-59fd0752b4f0"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1407"
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source_hash: "ae8be712d38222a89032f0ba4a0fc589a49a86f49ca106f218071f58016c6f13"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 1407 (2020) — Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.
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Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Acts of Assembly Chapter text (CHAP0681)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0681)
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2. **Bill text as passed House and Senate (HB1407ER)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1407ER)
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3. **Engrossed by House as amended HB1407E** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1407E)
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4. **Impact statement from TAX (HB1407)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1407)
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## Votes
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- Reported from Finance with amendments (16-Y 5-N) — **16–5** (pass) · lower
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- Passed Senate with amendment (21-Y 19-N) — **21–19** (pass) · upper
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- Subcommittee recommends reporting with amendment (7-Y 1-N) — **7–1** (pass) · lower
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- VOTE: Passage (55-Y 43-N) — **54–43** (pass) · lower
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- Constitutional reading dispensed (39-Y 0-N) — **39–0** (pass) · upper
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- Reported from Finance and Appropriations with amendment (11-Y 3-N) — **11–3** (pass) · upper
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- VOTE: Adoption (56-Y 43-N) — **55–43** (pass) · lower
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## Sponsors
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- Jeion A. Ward — primary (person)
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- Elizabeth R. Guzman — cosponsor (person)
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- Karrie K. Delaney — cosponsor (person)
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- Mark H. Levine — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2020-01-08** Prefiled and ordered printed; offered 01/08/20 20105144D `introduction`
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- **2020-01-08** Referred to Committee on Finance `referral-committee`
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- **2020-01-19** Impact statement from TAX (HB1407)
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- **2020-01-23** Assigned Finance sub: Subcommittee #3 `referral-committee`
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- **2020-01-24** House committee, floor amendments and substitutes offered
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- **2020-01-24** Subcommittee recommends reporting with amendment (7-Y 1-N)
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- **2020-01-29** Reported from Finance with amendments (16-Y 5-N) `committee-passage`
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- **2020-01-31** Read first time `reading-1`
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- **2020-02-03** Read second time `reading-2`
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- **2020-02-03** Committee amendments agreed to
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- **2020-02-03** Engrossed by House as amended HB1407E
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- **2020-02-03** Printed as engrossed 20105144D-E
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- **2020-02-04** Read third time and passed House (55-Y 43-N) `passage, reading-3`
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- **2020-02-04** VOTE: Passage (55-Y 43-N)
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- **2020-02-05** Constitutional reading dispensed
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- **2020-02-05** Referred to Committee on Finance and Appropriations `referral-committee`
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- **2020-02-11** Impact statement from TAX (HB1407E)
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- **2020-02-18** Reported from Finance and Appropriations with amendment (11-Y 3-N) `committee-passage`
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- **2020-02-19** Constitutional reading dispensed (39-Y 0-N)
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- **2020-02-20** Read third time `reading-3`
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- **2020-02-20** Reading of amendment waived
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- **2020-02-20** Committee amendment agreed to
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- **2020-02-20** Engrossed by Senate as amended
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- **2020-02-20** Passed Senate with amendment (21-Y 19-N) `passage`
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- **2020-02-24** Placed on Calendar
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- **2020-02-24** Senate amendment agreed to by House (56-Y 43-N)
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- **2020-02-24** VOTE: Adoption (56-Y 43-N)
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- **2020-02-28** Enrolled
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- **2020-02-28** Signed by Speaker
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- **2020-03-02** Signed by President
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- **2020-03-06** Impact statement from TAX (HB1407ER)
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- **2020-03-11** Enrolled Bill communicated to Governor on March 11, 2020
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- **2020-03-11** Governor's Action Deadline 11:59 p.m., April 11, 2020
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- **2020-04-06** Approved by Governor-Chapter 681 (effective 1/1/21) `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7d2a87df-9f80-47e8-90ac-59fd0752b4f0`. Confidence: reported (aggregated from official Virginia legislature records).
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