{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.7_10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.7_10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.7_10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.7_10.html"}],"law_id":74612,"edition_id":1,"section_id":74612,"structure_id":13640,"section_number":"40.1-28.7:10","catch_line":"Prohibited use of employee’s social security number; civil penalty","history":"2023, c. 135.","full_text":"A\n\nNo employer shall (i) use an employee’s social security number or any derivative thereof as such employee’s identification number or (ii) include an employee’s social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee.B\n\nAny employer that knowingly violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer that he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employers.C\n\nThe Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.","order_by":null,"text":{"0":{"id":268132,"text":"No employer shall (i) use an employee’s social security number or any derivative thereof as such employee’s identification number or (ii) include an employee’s social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268133,"text":"Any employer that knowingly violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer that he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employers.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268134,"text":"The Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; 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This law was first created in 2023. The record of its establishment is cataloged in chapter 135<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":219873,"object_type":"law","relational_id":74612,"identifier":"40.1-28.7:10","token":"40.1\/3\/1\/40.1-28.7_10","url":"\/40.1-28.7_10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","dublin_core":{"Title":"Prohibited use of employee’s social security number; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.7:10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No employer<\/span> shall (i) use an employee<\/span>’s social security number or any derivative thereof as such employee<\/span>’s identification number or (ii) include an employee<\/span>’s social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employer<\/span> that knowingly violates the provisions of this section shall be subject to a civil penalty<\/span> not to exceed $100 for each violation. The Commissioner<\/span> shall notify any employer<\/span> that he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer<\/span> may request an informal conference regarding such violation with the Commissioner<\/span>. In determining the amount of any penalty<\/span> to be imposed, the Commissioner<\/span> shall consider the size of the business of the employer<\/span> charged and the gravity of the violation. The decision of the Commissioner<\/span> shall be final. Civil penalties under this section shall be assessed by the Commissioner<\/span> and paid to the Literary Fund. The Commissioner<\/span> shall prescribe procedures for the payment of proposed penalties that are not contested by employers<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> or his authorized representative shall have the right to petition<\/span> a circuit<\/span> court<\/span> for injunctive or such other relief as may be necessary for enforcement of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED USE OF EMPLOYEE’S SOCIAL SECURITY NUMBER; CIVIL PENALTY (\u00a7\n40.1-28.7:10)\n\nA. No employer shall (i) use an employee’s social security number or any\nderivative thereof as such employee’s identification number or (ii)\ninclude an employee’s social security number or any number derived thereof\non any identification card or badge, any access card or badge, or any other\nsimilar card or badge issued to such employee.\n\nB. Any employer that knowingly violates the provisions of this section shall be\nsubject to a civil penalty not to exceed $100 for each violation. The\nCommissioner shall notify any employer that he alleges has violated any\nprovision of this section by certified mail. Such notice shall contain a\ndescription of the alleged violation. Within 15 days of receipt of notice of the\nalleged violation, the employer may request an informal conference regarding\nsuch violation with the Commissioner. In determining the amount of any penalty\nto be imposed, the Commissioner shall consider the size of the business of the\nemployer charged and the gravity of the violation. The decision of the\nCommissioner shall be final. Civil penalties under this section shall be\nassessed by the Commissioner and paid to the Literary Fund. The Commissioner\nshall prescribe procedures for the payment of proposed penalties that are not\ncontested by employers.\n\nC. The Commissioner or his authorized representative shall have the right to\npetition a circuit court for injunctive or such other relief as may be necessary\nfor enforcement of this section.\n\nHISTORY: 2023, c. 135.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}