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2023 Code of Virginia
Title 40.1 - Labor and Employment
Chapter 3 - Protection of Employees
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 Repealed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 Repealed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
- § 40.1-27.3. Retaliatory action against employee prohibited
- § 40.1-27.4. (Effective until January 1, 2024) Discipline for employee's medicinal use of cannabis oil prohibited
- § 40.1-27.4. (Effective January 1, 2024) Discipline for employee's medicinal use of cannabis oil prohibited
- § 40.1-28. Unlawful to require payment for medical examination as condition of employment
- § 40.1-28.1. Repealed
- § 40.1-28.01. Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment
- § 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 Repealed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 Repealed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
- § 40.1-28.7:6. Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
- § 40.1-28.7:7. Misclassification of workers
- § 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty
- § 40.1-28.7:9. Limiting employees' sharing wage information with other persons prohibited; civil penalty
- § 40.1-28.7:10. Prohibited use of employee's social security number; civil penalty
Article 1.1. Virginia Minimum Wage Act
- § 40.1-28.8. Short title
- § 40.1-28.9. (Effective until July 1, 2030) Definitions; determining wage of tipped employee
- § 40.1-28.9. (Effective July 1, 2030) Definitions; determining wage of tipped employee
- § 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
- § 40.1-29.1. Investigations of employers for nonpayment of wages
- § 40.1-29.2. Employer liability
- § 40.1-29.3. Overtime for certain employees
- § 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
- § 40.1-33.1. Retaliatory actions prohibited; civil penalty
- § 40.1-33.2. Discriminatory actions prohibited
Article 2.1. Paid Sick Leave
- § 40.1-33.3. Definitions
- § 40.1-33.4. Accrual of paid sick leave
- § 40.1-33.5. Use of paid sick leave
- § 40.1-33.6. Retaliatory action prohibited
Article 2.2. Organ Donation Leave
- § 40.1-33.7. Definitions
- § 40.1-33.8. Organ donation leave
- § 40.1-33.9. Employee's right to benefits; restoration of position
- § 40.1-33.10. Health benefit plan; commission
- § 40.1-33.11. Retaliatory action prohibited
- § 40.1-33.12. Enforcement; civil penalty
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
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