A Perfect Storm Aims to Crush Virginia Businesses

Since then, the new Democrat majority in Richmond has put in motion a tsunami of horrendous new laws, which become effective on July 1, 2020. As businesses, which have not already closed for good, struggle to recover from the COVID pandemonium, the next wave is about to happen. Governor Northam signed these anti-business laws after imposing the draconian unconstitutional COVID Executive Orders on businesses.

Now, Virginia’s “Best State for Business” ranking -- along with thousands of jobs -- is in serious jeopardy thanks to legislation passed this session by Democrats. The Governor and General Assembly Democrats forced through a job-killing increase in the minimum wage, raising it to $15 per hour. Business owners will be forced to cut jobs to pay the employees the new government-mandated wage.

They also made major changes to the way workers compensation insurance is handled in Virginia, driving up the cost of coverage for businesses. Those costs will cause prices to rise, taking more money out of the pockets of hard-working Virginia families.

A healthy business climate means better-paying jobs and businesses paying taxes which help support the services we rely on in our communities. New regulations cost businesses money, which eventually is paid by you and me.

interactions – to impose sweeping new regulatory mandates related to COVID-19 on Virginia workplaces.

They could take effect immediately upon Governor Ralph Northam’s signature, and will not disappear if an end is declared to the current emergency declarations or the threat of the disease dissipates.

The draft rules (here) and a related 214-page briefing package (here) have only been available since June 12.

What can be done?

1.  I’ve helped put in motion a legal challenge to Northam’s illegal Executive Order writing spree. Please support this by contributing to cover legal costs.

2. The General Assembly will meet in a Special Session in August to redo the Virginia budget to address shortfalls stemming from the Governor's COVID-19 lockdown of businesses. The Governor and/or Legislators could delay implementation of these anti-business laws (though they chose not to do so in April), and block regulations that will restrict return to work. Contact the Governor and your legislators asking them to do so!

Below are laws that are payback to unions who contributed heavily to Democrats takeover of Virginia government. 

• HB 123 Nonpayment of wages; construction contracts, etc.
• HB 395 Minimum wage: raises to $9.50/hr May 2021, and on to $15
• HB 416 Prohibition on employer inquiry about wage or salary history of prospective employees; civil penalty.
• HB 582 Collective bargaining by public employees; labor organization representation.
• HB 617 Workers’ compensation; injuries caused by repetitive motion.
• HB 800 Requirement for disclosure of the terms of employment.
• HB 833 Prevailing wage; public works contracts, penalty.
• HB 1635 Washington Metropolitan Area Transit Authority; labor organizations.

Below you will find twelve bills, some of them duplicates, that created new causes of action allowing an employee to sue his or her employer: 

HB 123 / SB 838 - Provides that an employee has a private cause of action 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. The bills are not identical but the section creating the private cause of action is identical.

HB 330 / SB 480 - Prohibits covenants not to compete for low-wage employees. Authorizes a low-wage employee to bring a civil action against an employer that attempts to enforce a prohibited covenant not to compete.

HB 336 / SB 49 - Nonpayment of wages; allows Commissioner of Labor and Industry to sue on behalf of employees.

HB 696 - Provides that localities may prohibit discrimination in housing, employment, public accommodations, credit, and education on the basis of sexual orientation and gender identity.

HB 798 - Prohibits an employer from taking retaliatory action against an employee because the employee reports a violation of any federal or state law or regulation to a supervisor. The bill authorizes a person who alleges a violation of this chapter to bring a civil action seeking injunctive relief, reinstatement, and compensation for lost wages, benefits, and other remuneration.

HB 827 / SB 712 - Virginia Human Rights Act; creates a cause of action against any employer who denies any of the rights afforded by the bill, and permits the court or jury to award compensatory damages, back pay, and other equitable relief. The bill makes technical amendments

HB 984 / SB 894 - Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification.

SB 208 - Specifies that the use of funds paid to a general contractor or subcontractor and used by such contractor or subcontractor before paying all amounts due for labor performed or material furnished gives rise to a civil cause of action for a party who is owed such funds.

Feel free to contact us for more information.

Sincerely,

 

If you have questions or concerns, please do not hesitate to call or email my office at 540-751-8364 or DelDLaRock@house.virginia.gov. You can also follow me on Twitter @LaRock4Delegate and like my Facebook page to keep up to date.

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