Virginia HB 1106: Attorney General, Office of the; misclassification of employees as independent contractors.

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Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18101871D

HOUSE BILL NO. 1106 

Offered January 10, 2018 

Prefiled January 10, 2018 

A BILL to amend the Code of Virginia by adding a section 
 numbered 2.2-509.2, relating to the Office of the Attorney General; 
 misclassification of employees as independent contractors. 
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Patrons-- Boysko, Convirs-Fowler, Krizek, Levine, Plum, Price, Rasoul and 
Simon 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding a section 
 numbered 2.2-509.2 as follows: 

� 2.2-509.2. Authority of 
 Attorney General; misclassification of employees as independent contractors.

A. Upon reasonable 
 cause to believe that a person is wrongfully misclassifying employees within 
 the Commonwealth as independent contractors, the Attorney General or 
 his authorized representative shall have the authority to 
 issue subpoenas, compel the attendance of witnesses, administer oaths, certify 
 to official acts, take depositions within and without the Commonwealth, as now 
 provided by law, and compel the production of pertinent books, payrolls, 
 accounts, papers, records, documents, and testimony relevant 
 to such investigation. If a 
 person refuses, without good cause, to be examined or to answer a legal and 
 pertinent question, or to produce a document or other evidence when ordered to 
 do so by the Attorney General or his authorized representative, the 
 Attorney General or his authorized representative may apply to the judge of the 
 circuit court of the jurisdiction where such person is in attendance or 
 located, upon affidavit, for an order returnable in no less than two nor more 
 than five days, directing such person to show cause why he should not be 
 examined, answer a legal or pertinent question, or produce a document, record, 
 or other evidence. After a hearing on the motion, if 
 the court determines that such person, without good cause, has refused to be 
 examined or to answer legal or pertinent questions, or to produce a document, 
 record, or other 
 evidence, the court may order compliance with the subpoena and assess all costs 
 and reasonable attorney fees against such person. If the motion for an order is 
 granted and the person thereafter fails to comply with the order, 
 the court may make such orders as are provided for in the Rules of Supreme 
 Court of Virginia. Subpoenas shall be served and witness fees and mileage paid 
 as allowed in civil cases in the circuit courts of the Commonwealth. 

B. Upon 
 probable cause that a person has wrongfully misclassified employees employed 
 with the Commonwealth as independent contractors, the Attorney General or his 
 authorized representative shall have the authority t