Virginia SB 58: Minimum wage; increases wage from its current federally mandated level.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18101590D

SENATE BILL NO. 58 

Offered January 10, 2018 

Prefiled November 29, 2017 

A BILL to amend and reenact �� 40.1-2.1, 40.1-28.9, and 
 40.1-28.10 of the Code of Virginia, relating to the minimum wage. 
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Patrons-- Edwards and Lewis 

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Referred to Committee on Commerce and Labor 

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Be it enacted by the General Assembly of Virginia:

1. That �� 40.1-2.1, 40.1-28.9, and 40.1-28.10 of the Code of 
 Virginia are amended and reenacted as follows:

� 40.1-2.1. Application of title to Commonwealth and its 
 agencies, etc.; safety and health program for public employees.

The provisions of this title, other than 
 Article 1.1 (� 40.1-28.8 et seq.) of Chapter 
 3, and any rules and 
 regulations promulgated pursuant thereto shall not apply to the Commonwealth or 
 any of its agencies, institutions, or political subdivisions, or any public 
 body, unless, and to the extent that, coverage is extended by specific 
 regulation of the Commissioner or the Board. The Commissioner is authorized to 
 establish and maintain an effective and comprehensive occupational safety and 
 health program applicable to employees of the Commonwealth, its agencies, 
 institutions, political subdivisions, or any public body. Such program shall be 
 subject to any State plan submitted to the federal government for State 
 enforcement of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), 
 or any other regulation promulgated under Title 40.1. The Commissioner or the 
 Board shall establish procedures and adopt regulations for enforcing the 
 program that shall include provisions for (i) the issuance of proposed 
 penalties; (ii) the payment of such penalties or a negotiated sum in lieu of 
 such penalties; (iii) the deposit of such payments into the general fund of the 
 state treasury; (iv) fair hearings, including judicial review; and (v) other 
 sanctions to be applied for violations.

� 40.1-28.9. Definition of terms.

A. As 
 used in this article:

A. "Employer" 
 includes any individual, partnership, association, corporation, business trust, 
 or any person or groups of persons acting directly or indirectly in the 
 interest of an employer in relation to an employee;

B. "Employee" 
 includes any individual employed by an employer, except the following:

1. Any person employed as a farm laborer or farm employee;

2. Any person employed in domestic service or in or about a 
 private home or in an eleemosynary institution primarily supported by public 
 funds;

3. Any person engaged in the activities of an educational, 
 charitable, religious or nonprofit organization where the relationship of 
 employer-employee does not, in fact, exist, or where the services rendered to 
 such organizations are on a voluntary ba