2022 Regular SessionVirginia Legislature

SB631: Fair Labor Standards Act; employer liability, overtime required for certain employees, report.

Legislative Summary

Fair Labor Standards Act; overtime; employer liability. Replaces the current provisions of the Virginia Overtime Wage Act with the provision that any employer that violates the overtime wage requirements of the federal Fair Labor Standards Act, and any related laws and regulations, shall be liable to its employee for remedies or other relief available under the Fair Labor Standards Act. The bill requires an employer to compensate employees of a derivative carrier, defined in the bill, at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked in excess of 40 hours in any one workweek. The bill requires the Secretary of Labor to convene a work group that includes certain industry representatives and legislators to review overtime issues and the Virginia Overtime Wage Act and requires the work group to submit a report on its findings and recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Commerce and Energy and the Senate Committees on Finance and Appropriations and Commerce and Labor by November 1, 2022.

Bill History

1/17/2022
Presented and ordered printed 22103916D
Senate
1/17/2022
Referred to Committee on Commerce and Labor
Senate
1/28/2022
Assigned C&L sub: Labor and Employment
Senate
2/7/2022
Reported from Commerce and Labor with substitute (15-Y 0-N)
Senate
2/7/2022
Committee substitute printed 22106279D-S1
Senate
2/7/2022
Incorporates SB365 (Stuart)
Senate
2/7/2022
Rereferred to Finance and Appropriations
Senate
2/10/2022
Reported from Finance and Appropriations with amendment (14-Y 1-N)
Senate
2/11/2022
Constitutional reading dispensed (40-Y 0-N)
Senate
2/14/2022
Floor substitute printed 22106595D-S2 (Barker)
Senate
2/14/2022
Read second time
Senate
2/14/2022
Committee substitute rejected 22106279D-S1
Senate
2/14/2022
Committee amendment rejected
Senate
2/14/2022
Reading of substitute waived
Senate
2/14/2022
Passed by for the day
Senate
2/15/2022
Read second time
Senate
2/15/2022
Reading of substitute waived
Senate
2/15/2022
Substitute by Senator Barker agreed to (21-Y 19-N)
Senate
2/15/2022
Title replaced 22106279D-S2
Senate
2/15/2022
Engrossed by Senate - floor substitute SB631S2
Senate
2/15/2022
Passed Senate (31-Y 8-N 1-A)
Senate
2/15/2022
Reconsideration of passage agreed to by Senate (40-Y 0-N)
Senate
2/15/2022
Constitutional reading dispensed (40-Y 0-N)
Senate
2/15/2022
Passed Senate (32-Y 8-N)
Senate
2/21/2022
Placed on Calendar
House of Delegates
2/21/2022
Read first time
House of Delegates
2/21/2022
Referred to Committee on Commerce and Energy
House of Delegates
2/24/2022
Reported from Commerce and Energy with substitute (18-Y 3-N)
House of Delegates
2/24/2022
Committee substitute printed 22107064D-H1
House of Delegates
2/28/2022
Read second time
House of Delegates
3/1/2022
Read third time
House of Delegates
3/1/2022
Committee substitute agreed to 22107064D-H1
House of Delegates
3/1/2022
Engrossed by House - committee substitute SB631H1
House of Delegates
3/1/2022
Passed House with substitute (58-Y 42-N)
House of Delegates
3/1/2022
VOTE: Passage (58-Y 42-N)
House of Delegates
3/3/2022
House substitute agreed to by Senate (37-Y 1-N)
Senate
3/3/2022
Title replaced 22107064D-H1
Senate
3/3/2022
Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
Senate
3/3/2022
House substitute agreed to by Senate (35-Y 5-N)
Senate
3/8/2022
Enrolled
Senate
3/8/2022
Bill text as passed Senate and House (SB631ER)
Senate
3/8/2022
Signed by President
Senate
3/8/2022
Signed by Speaker
House of Delegates
3/22/2022
Enrolled Bill Communicated to Governor on March 22, 2022
Senate
3/22/2022
Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
4/11/2022
Governor: Approved by Governor-Chapter 462 (effective 7/1/22)
4/11/2022
Governor: Acts of Assembly Chapter text (CHAP0462)

Amendments

Substitute for Committee: Commerce and Energy

Substitute for Committee: Commerce and Energy

2/24/2022Not Adopted

Senate amendments

Senate amendments

2/11/2022Not Adopted

Amendment(s) for SB631 for S-Finance and Appropriations

Amendment(s) for SB631 for S-Finance and Appropriations

2/10/2022Not Adopted

Senate amendments not adopted

Senate amendments not adopted

12/17/2017Adopted

Roll Call Votes

Senate: House substitute agreed to by Senate (35-Y 5-N)
3/3/2022
35
Yea
5
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: House substitute agreed to by Senate (37-Y 1-N)
3/3/2022
37
Yea
1
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: Reconsideration of House substitute agreed to by Senate (40-Y 0-N)
3/3/2022
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (58-Y 42-N)
3/1/2022
58
Yea
42
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Reported from Commerce and Energy with substitute (18-Y 3-N)
2/24/2022
18
Yea
3
Nay
1
Not Voting
0
Absent
Result: PASSED
Senate: Passed Senate (32-Y 8-N)
2/15/2022
32
Yea
8
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Substitute by Senator Barker agreed to (21-Y 19-N)
2/15/2022
21
Yea
19
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Passed Senate (31-Y 8-N 1-A)
2/15/2022
31
Yea
8
Nay
1
Not Voting
0
Absent
Result: PASSED
Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
2/15/2022
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/15/2022
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/11/2022
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations with amendment (14-Y 1-N)
2/10/2022
14
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Commerce and Labor with substitute (15-Y 0-N)
2/7/2022
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(4/11/2022)
Chamber
Senate
Sine DiePrior Session

Sponsors

Democrat: 1

Primary Sponsor

George Barker
George Barker
Democrat

Documents

Chaptered
Bill Text4/11/202223.1 KB
Enrolled
Bill Text3/8/202223.1 KB
Comm Sub
Bill Text2/24/202223.3 KB
Amended
Bill Text2/14/202222.8 KB
Comm Sub
Bill Text2/7/202219.0 KB
Introduced
Bill Text1/17/202219.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/28/202271.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/21/202271.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/3/202268.9 KB