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HB238Introduced in the House of Delegates

Minimum wage and overtime wages; payment, of wages, misclassification of workers, civil actions.

Passed

Introduced by Alfonso Lopez, District 3

What does this bill do?

Plain-English breakdown

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Official description

Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is subject to civil actions for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill permits the Commissioner of Labor and Industry to refer matters relating to the bill's provisions to the Attorney General for enforcement through civil action.

Where it stands

Acts of Assembly Chapter text (CHAP1040)

April 22, 2026

How did lawmakers vote?

House of Delegates votes

6 recorded votes · each counted separately

Senate votes

7 recorded votes · each counted separately

SenateStage: Senate concurred in Governor's recommendation (21-Y 18-N 0-A) · April 22, 2026

21

Yes

18

No

1

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1No
Mark Obenshain2No
Chris Head3Absent
David Suetterlein4No
Travis Hackworth5No
Todd Pillion6No
William Stanley7No
Mark Peake8No

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26104955D

  2. Referred to Committee on Labor and Commerce

  3. Assigned HCL sub: Subcommittee #2

  4. House subcommittee offered

  5. Subcommittee recommends reporting with substitute (5-Y 2-N)

  6. Fiscal Impact Statement from Department of Planning and Budget (HB238)

  7. Reported from Labor and Commerce with substitute (15-Y 7-N)

  8. Committee substitute printed 26105944D-H1

  9. Read first time

  10. Floor offered Delegate Lopez Amendments

  11. Floor offered Delegate Lopez Amendments

  12. Read second time

  13. committee substitute agreed to

  14. Delegate Lopez Floor amendments agreed to

  15. Delegate Lopez Floor amendments agreed to

  16. Engrossed by House - committee substitute as amended

  17. Read third time and passed House (64-Y 35-N 0-A)

  18. Constitutional reading dispensed (on 1st reading)

  19. Referred to Committee on Commerce and Labor

  20. Fiscal Impact statement From VCSC (2/11/2026 4:09 pm)

  21. Fiscal Impact Statement from Department of Planning and Budget (HB238)

  22. Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N)

  23. Committee substitute printed 26108602D-S1

  24. Fiscal Impact statement From VCSC (3/3/2026 3:58 pm)

  25. Fiscal Impact Statement from Department of Planning and Budget (HB238)

  26. Reported from Finance and Appropriations (10-Y 4-N)

  27. Rules suspended

  28. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  29. Passed by for the day Block Vote (Voice Vote)

  30. Read third time

  31. Commerce and Labor Substitute agreed to

  32. Engrossed by Senate - committee substitute

  33. Passed Senate with substitute (21-Y 19-N 0-A)

  34. Senate substitute rejected by House (0-Y 98-N 1-A)

  35. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

  36. Senate requested conference committee

  37. House acceded to request

  38. Conferees appointed by House

  39. House Conferees: Lopez, Anthony, Garrett

  40. Conferees appointed by Senate

  41. Senate Conferees: Surovell, McPike, Stuart

  42. Conference Report released

  43. Fiscal Impact statement From VCSC (3/14/2026 2:04 pm)

  44. Conference report agreed to by House (62-Y 35-N 0-A)

  45. Conference report agreed to by Senate (20-Y 19-N 0-A)

  46. Fiscal Impact Statement from Department of Planning and Budget (HB238)

  47. Enrolled

  48. Bill text as passed House and Senate (HB238ER)

  49. Signed by President

  50. Signed by Speaker

  51. Enrolled Bill communicated to Governor on March 31, 2026

  52. Governor's Action Deadline 11:59 p.m., April 13, 2026

  53. Fiscal Impact Statement from Department of Planning and Budget (HB238)

  54. Governor's recommendation received by House

  55. Fiscal Impact statement From VCSC (4/14/2026 12:41 pm)

  56. Substitute bill reprinted 26110450D

  57. Fiscal Impact statement From VCSC (4/20/2026 4:21 pm)

  58. House concurred in Governor's recommendation (64-Y 36-N 0-A)

  59. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

  60. Governor's recommendation adopted

  61. Reenrolled

  62. Reenrolled bill text (HB238ER2)

  63. Signed by Speaker

  64. Signed by President

  65. Approved by Governor-Chapter 1040 (effective 7/1/2026)

  66. Acts of Assembly Chapter text (CHAP1040)

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