There is a newer version of the Code of Virginia
2015 Code of Virginia
Title 40.1 - Labor and Employment
Chapter 1. DEPARTMENT OF LABOR AND INDUSTRY- § 40.1-1. Department continued; powers and duties generally; delegation of authority concerning occupational health
- § 40.1-2. Definitions
- § 40.1-2.01. Certified mail; subsequent mail or notices may be sent by regular mail
- § 40.1-2.1. Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees
- § 40.1-3. Title provides for safety, health and welfare of employees
- § 40.1-4. Repealed
- § 40.1-4.1. Annual report
- § 40.1-5. Governor to appoint Commissioner of Labor and Industry
- § 40.1-6. Powers and duties of Commissioner
- § 40.1-7. Attorney for the Commonwealth to prosecute on request of Commissioner
- § 40.1-8. Other officers to furnish information; protected health information under certain circumstances
- § 40.1-9. How Department maintained
- § 40.1-10. Offenses in regard to examinations, inspections, etc
- § 40.1-11. Using or revealing information gathered
- § 40.1-11.1. Employment of illegal immigrants
- § 40.1-11.2. Participation in E-Verify program
- § 40.1-11.3. Human trafficking hotline; posted notice required; civil penalty
- § 40.1-12. Repealed
- § 40.1-21. Repealed
Article 1. GENERAL PROVISIONS
- § 40.1-22. Safety and Health Codes Commission continued as Safety and Health Codes Board
- § 40.1-22.1. Governor authorized to enter certain agreements
- § 40.1-23. Repealed
- § 40.1-26. Repealed
- § 40.1-27. Preventing employment by others of former employee
- § 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited
- § 40.1-27.2. Preference for veterans and spouses
- § 40.1-28. Unlawful to require payment for medical examination as condition of employment
- § 40.1-28.1. Repealed
- § 40.1-28.5. Repealed
- § 40.1-28.6. Equal pay irrespective of sex
- § 40.1-28.7. Repealed
- § 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
- § 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings
- § 40.1-28.7:3. Earned income tax credit; employer notice to employee
- § 40.1-28.7:4. Release of employee's personal identifying information
- § 40.1-28.7:5. Social media accounts of current and prospective employees
Article 1.1. VIRGINIA MINIMUM WAGE ACT
- § 40.1-28.8. Short title
- § 40.1-28.9. Definition of terms
- § 40.1-28.10. Minimum wages
- § 40.1-28.11. Penalties
- § 40.1-28.12. Employee's remedies
Article 2. PAY; ASSIGNMENT OF WAGES; SALE OF MERCHANDISE TO EMPLOYEES
- § 40.1-29. Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties
- § 40.1-30. Registration of certain nonresident employers with Department
- § 40.1-31. Assignment of wages and salaries; requirements
- § 40.1-32. Partial assignments invalid
- § 40.1-33. Certain assignments not affected
Article 3. EMPLOYMENT OF WOMEN GENERALLY
Article 4. SANITARY PROVISIONS
Article 5. SAFETY PROVISIONS
- § 40.1-41. Repealed
- § 40.1-44. Repealed
- § 40.1-44.1. Rules and regulations relating to tramways and other hauling and lifting devices
- § 40.1-45. Repealed
- § 40.1-49. Repealed
- § 40.1-49.1. Repealed
- § 40.1-49.2. Repealed
- § 40.1-49.3. Definitions
- § 40.1-49.4. Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties
- § 40.1-49.5. Appeals to Court of Appeals
- § 40.1-49.6. Same; attorneys for Commonwealth
- § 40.1-49.7. Same; publication of orders
- § 40.1-49.8. Inspections of workplace
- § 40.1-49.9. Issuance of warrant
- § 40.1-49.10. Duration of warrant
- § 40.1-49.11. Conduct of inspection, testing, or collection of samples for analysis
- § 40.1-49.12. Review by courts
- § 40.1-49.13. Voluntary Protection Program
- § 40.1-50. Repealed
- § 40.1-51. State Health Commissioner to provide advice and aid; rules and regulations
- § 40.1-51.1. Duties of employers
- § 40.1-51.1:1. Repealed
- § 40.1-51.2. Rights and duties of employees
- § 40.1-51.2:1. Discrimination against employee for exercising rights prohibited
- § 40.1-51.2:2. Remedy for discrimination
- § 40.1-51.3. Duties of health and safety inspectors
- § 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title
- § 40.1-51.3:2. Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible in personal injury or property damage trial
- § 40.1-51.4. Repealed
- § 40.1-51.4:1. Confidentiality of trade secrets
- § 40.1-51.4:2. Penalty for making false statements, etc
- § 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
- § 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations
- § 40.1-51.4:5. Immunity of employees for reporting threatening conduct
Article 1. IN GENERAL
- § 40.1-51.5. Short title; definitions
- § 40.1-51.6. Safety and Health Codes Board to formulate rules, regulations, etc.; cost of administration
- § 40.1-51.7. Installations, repairs and alterations to conform to rules and regulations; existing installations
- § 40.1-51.8. Exemptions
- § 40.1-51.9. Employment and appointment of inspectors and other personnel; inspections; reports
- § 40.1-51.9:1. Examination of inspectors; certificate of competency required
- § 40.1-51.9:2. Financial responsibility requirements for contract fee inspectors
- § 40.1-51.10. Right of access to premises; certification and recertification; inspection requirements
- § 40.1-51.10:1. Issuance of certificates; charges
- § 40.1-51.11. Suspension of inspection certificate; injunctive relief
- § 40.1-51.11:1. Owner-user inspection agencies
- § 40.1-51.12. Violation for operating boiler or pressure vessel without inspection certificate; civil penalty
- § 40.1-51.13. Posting of certificate
- § 40.1-51.14. When inspection certificate for insured boiler or pressure vessel invalid
- § 40.1-51.15. Fees
- § 40.1-51.15:1. Only one inspection necessary
- § 40.1-51.16. Appeals
- § 40.1-51.17. Effect of chapter on local ordinances and regulations
- § 40.1-51.18. Repealed
- § 40.1-51.19. Variances
Article 2. HOBBY AND MODEL BOILERS
- § 40.1-51.19:1. Definitions
- § 40.1-51.19:2. Applicability
- § 40.1-51.19:3. Inspection and testing
- § 40.1-51.19:4. Operations and maintenance
- § 40.1-51.19:4.1. Variances
- § 40.1-51.19:5. Civil penalty
- § 40.1-51.20. Duties of licensed asbestos and certified lead contractors
- § 40.1-51.21. Annual inspections
- § 40.1-51.22. Enforcement of chapter
- § 40.1-51.23. Definitions
- § 40.1-51.24. Department authorized to enter certain agreements
- § 40.1-51.25. Safety and Health Codes Board to formulate rules, regulations, etc
- § 40.1-51.26. Commissioner of Labor and Industry to enforce laws
- § 40.1-51.27. Inspections, investigations, etc
- § 40.1-51.28. Issuance of special orders
- § 40.1-51.29. Decision of Commissioner pursuant to hearing
- § 40.1-51.30. Appeal to Board
- § 40.1-51.31. Penalties for noncompliance; judicial review
- § 40.1-51.32. Owners to furnish plans, specifications and information
- § 40.1-51.33. Protection of trade secrets
- § 40.1-51.34. Right of entry
- § 40.1-51.35. Compelling compliance with regulations and orders of Board; penalty for violations
- § 40.1-51.36. Judicial review of regulations of Board
- § 40.1-51.37. Appeal from decision of Board
- § 40.1-51.38. Appeal to Court of Appeals
- § 40.1-51.39. Penalties; chapter not to affect right to relief or to maintain action
- § 40.1-51.40. Duty of attorney for the Commonwealth
- § 40.1-51.41. Local ordinances
Article 1. IN GENERAL
- § 40.1-52. Authority of labor unions to own, encumber and sell real estate
- § 40.1-53. Preventing persons from pursuing lawful vocations, etc.; illegal picketing; injunction
- § 40.1-54. Payment of certain charges by carriers or shippers to or for benefit of labor organization
- § 40.1-54.1. Public policy as to strikes and work stoppages at hospitals
- § 40.1-54.2. Strikes and work stoppages at hospitals prohibited; penalty
- § 40.1-54.3. Right to vote by secret ballot on labor organization representation
Article 2. STRIKES BY GOVERNMENT EMPLOYEES
- § 40.1-55. Employee striking terminates, and becomes temporarily ineligible for, public employment
- § 40.1-56. Department head, etc., to notify employee of such termination, etc
- § 40.1-57. Appeal by employee from declaration of ineligibility
- § 40.1-57.1. Appeal by employer for reemployment of terminated employee
Article 2.1. COLLECTIVE BARGAINING FOR GOVERNMENTAL EMPLOYEES
Article 3. DENIAL OR ABRIDGEMENT OF RIGHT TO WORK
- § 40.1-58. Policy of article
- § 40.1-58.1. Application of article to public employers and employees
- § 40.1-59. Agreements or combinations declared unlawful
- § 40.1-60. Employers not to require employees to become or remain members of union
- § 40.1-61. Employers not to require abstention from membership or officeholding in union
- § 40.1-62. Employer not to require payment of union dues, etc
- § 40.1-63. Recovery by individual unlawfully denied employment
- § 40.1-64. Application of article to contracts
- § 40.1-65. Agreement or practice designed to cause employer to violate article declared illegal
- § 40.1-66. Conduct causing violation of article illegal; peaceful solicitation to join union
- § 40.1-67. Injunctive relief against violation; recovery of damages
- § 40.1-68. Service of process on clerk of State Corporation Commission as attorney for union
- § 40.1-69. Violation a misdemeanor
Article 4. MEDIATION AND CONCILIATION OF LABOR DISPUTES
- § 40.1-70. Department designated agency to mediate disputes
- § 40.1-71. Notice of proposed termination or modification of collective bargaining contract; notice prior to work stoppage; injunctions and penalties
- § 40.1-72. Commissioner to notify Governor of disputes; mediation and conciliation
- § 40.1-73. Commissioner to keep Governor informed of negotiations, etc
- § 40.1-74. Right of entry
- § 40.1-75. Article not applicable when National Railway Labor Act applies
Article 5. REGISTRATION OF LABOR UNIONS, LABOR ASSOCIATIONS AND LABOR ORGANIZATIONS
Chapter 5. CHILD LABOR- § 40.1-78. Employment of children under fourteen and sixteen
- § 40.1-79. Repealed
- § 40.1-79.01. Exemptions from chapter generally
- § 40.1-79.1. Exemptions from chapter generally; local ordinance authorizing participation in volunteer fire company activities
- § 40.1-80. Repealed
- § 40.1-80.1. Employment of children
- § 40.1-81. Repealed
- § 40.1-81.1. Records to be kept by employers
- § 40.1-82. Repealed
- § 40.1-83. Repealed
- § 40.1-84. Employment certificate required
- § 40.1-85. Kinds of employment certificates
- § 40.1-86. Repealed
- § 40.1-87. Vacation or part-time employment certificate
- § 40.1-88. Work-training certificate
- § 40.1-89. Same; employment not allowed; revocation of certificate
- § 40.1-90. Repealed
- § 40.1-92. Issuance of certificates
- § 40.1-93. Proof required for employment certificate
- § 40.1-94. Proofs of age
- § 40.1-95. Repealed
- § 40.1-96. Contents of employment certificates
- § 40.1-97. Repealed
- § 40.1-98. Repealed
- § 40.1-100. Certain employment prohibited or limited
- § 40.1-100.1. Employment where hazard capable of causing serious physical harm or death
- § 40.1-100.2. Employment involving sexually explicit visual material prohibited
- § 40.1-101. Qualifications as to theaters
- § 40.1-102. Issuance of theatrical permit
- § 40.1-103. Cruelty and injuries to children; penalty; abandoned infant
- § 40.1-104. Age certificates
- § 40.1-105. Repealed
- § 40.1-106. Repealed
- § 40.1-109. Newspaper carriers on regular routes; hours
- § 40.1-110. Repealed
- § 40.1-111. Repealed
- § 40.1-112. Solicitation generally
- § 40.1-113. Child labor offenses; civil penalties
- § 40.1-114. Enforcement of child labor law
- § 40.1-115. School attendance
- § 40.1-116. Curfew ordinances not affected
- § 40.1-117. Apprenticeship Council; membership and terms of office; meetings and duties
- § 40.1-118. Authority of Council
- § 40.1-119. Local and state joint apprenticeship committees
- § 40.1-120. Definitions
- § 40.1-121. Requisites of apprentice agreement
- § 40.1-122. Approval of agreement by Commissioner; signing
- § 40.1-123. Agreement binding after apprentice's majority
- § 40.1-124. Agreement signed by organization of employers or of employees
- § 40.1-125. Commissioner to administer chapter
- § 40.1-126. Operation and application of chapter
- § 40.1-127. Reserved
- § 40.1-128. Repealed
- § 40.1-134. Repealed
- § 40.1-135. Not effective
- § 40.1-138. Not effective
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