{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-29.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-29.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-29.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-29.1.html"}],"law_id":83210,"edition_id":1,"section_id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","history":"2020, cc. 205, 206; 2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.","full_text":"If in the course of an investigation of a complaint of an employer’s failure or refusal to pay wages in accordance with the requirements of \u00a7 40.1-29, the Commissioner acquires information creating a reasonable belief that other employees of the same employer may not have been paid wages in accordance with such requirements, the Commissioner shall have the authority to investigate whether the employer has failed or refused to make any required payment of wages to other employees of the employer as required by \u00a7 40.1-29. If the Commissioner finds in the course of such investigation that the employer has violated a provision of \u00a7 40.1-29, the Commissioner may institute proceedings on behalf of any employee against his employer. Such proceedings shall be undertaken in accordance with the provisions of \u00a7 40.1-29, except that the Commissioner shall not require a written complaint of the violation or the written and signed consent of any employee as a condition of instituting such proceedings.","order_by":null,"text":{"0":{"id":298133,"text":"If in the course of an investigation of a complaint of an employer’s failure or refusal to pay wages in accordance with the requirements of \u00a7 40.1-29, the Commissioner acquires information creating a reasonable belief that other employees of the same employer may not have been paid wages in accordance with such requirements, the Commissioner shall have the authority to investigate whether the employer has failed or refused to make any required payment of wages to other employees of the employer as required by \u00a7 40.1-29. If the Commissioner finds in the course of such investigation that the employer has violated a provision of \u00a7 40.1-29, the Commissioner may institute proceedings on behalf of any employee against his employer. Such proceedings shall be undertaken in accordance with the provisions of \u00a7 40.1-29, except that the Commissioner shall not require a written complaint of the violation or the written and signed consent of any employee as a condition of instituting such proceedings.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15932,"edition_id":1,"name":"Pay; Assignment of Wages; Sale of Merchandise to Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 04:02:15","date_modified":"2026-06-26 04:02:15","permalink":{"id":219935,"object_type":"structure","relational_id":15932,"identifier":"2","token":"40.1\/3\/2","url":"\/40.1\/3\/2\/","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":79349,"structure_id":15932,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","url":"\/40.1-29\/","token":"40.1\/3\/2\/40.1-29","metadata":false},{"id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","metadata":false},{"id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","metadata":false},{"id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","metadata":false},{"id":63574,"structure_id":15932,"section_number":"40.1-30","catch_line":"Registration of certain nonresident employers with Department","url":"\/40.1-30\/","token":"40.1\/3\/2\/40.1-30","metadata":false},{"id":73386,"structure_id":15932,"section_number":"40.1-31","catch_line":"Assignment of wages and salaries; requirements","url":"\/40.1-31\/","token":"40.1\/3\/2\/40.1-31","metadata":false},{"id":67989,"structure_id":15932,"section_number":"40.1-32","catch_line":"Partial assignments invalid","url":"\/40.1-32\/","token":"40.1\/3\/2\/40.1-32","metadata":false},{"id":61940,"structure_id":15932,"section_number":"40.1-33","catch_line":"Certain assignments not affected","url":"\/40.1-33\/","token":"40.1\/3\/2\/40.1-33","metadata":false},{"id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","metadata":false},{"id":80654,"structure_id":15932,"section_number":"40.1-33.2","catch_line":"Discriminatory actions prohibited","url":"\/40.1-33.2\/","token":"40.1\/3\/2\/40.1-33.2","metadata":false}],"previous_section":{"id":79349,"structure_id":15932,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","url":"\/40.1-29\/","token":"40.1\/3\/2\/40.1-29","metadata":false},"next_section":{"id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-29.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 205<\/a> and 206<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapters 461<\/a> and 462<\/a>.<\/p>","references":false,"refers_to":[{"id":79349,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","order_by":null,"url":"\/40.1-29\/"}],"permalink":{"id":219941,"object_type":"law","relational_id":83210,"identifier":"40.1-29.1","token":"40.1\/3\/2\/40.1-29.1","url":"\/40.1-29.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","dublin_core":{"Title":"Investigations of employers for nonpayment of wages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-29.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If in the course of an investigation of a complaint of an employer<\/span>’s failure or refusal to pay wages in accordance with the requirements of \u00a7 40.1-29<\/a>, the Commissioner<\/span> acquires information creating a reasonable belief that other employees<\/span> of the same employer<\/span> may not have been paid wages in accordance with such requirements, the Commissioner<\/span> shall have the authority to investigate whether the employer<\/span> has failed or refused to make any required payment of wages to other employees<\/span> of the employer<\/span> as required by \u00a7 40.1-29<\/a>. If the Commissioner<\/span> finds in the course of such investigation that the employer<\/span> has violated a provision of \u00a7 40.1-29<\/a>, the Commissioner<\/span> may institute proceedings on behalf of any employee<\/span> against his employer<\/span>. Such proceedings shall be undertaken in accordance with the provisions of \u00a7 40.1-29<\/a>, except that the Commissioner<\/span> shall not require a written complaint of the violation or the written and signed consent of any employee<\/span> as a condition of instituting such proceedings.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATIONS OF EMPLOYERS FOR NONPAYMENT OF WAGES (\u00a7 40.1-29.1)\n\nIf in the course of an investigation of a complaint of an employer’s\nfailure or refusal to pay wages in accordance with the requirements of \u00a7\n40.1-29, the Commissioner acquires information creating a reasonable belief that\nother employees of the same employer may not have been paid wages in accordance\nwith such requirements, the Commissioner shall have the authority to investigate\nwhether the employer has failed or refused to make any required payment of wages\nto other employees of the employer as required by \u00a7 40.1-29. If the\nCommissioner finds in the course of such investigation that the employer has\nviolated a provision of \u00a7 40.1-29, the Commissioner may institute proceedings\non behalf of any employee against his employer. Such proceedings shall be\nundertaken in accordance with the provisions of \u00a7 40.1-29, except that the\nCommissioner shall not require a written complaint of the violation or the\nwritten and signed consent of any employee as a condition of instituting such\nproceedings.\n\nHISTORY: 2020, cc. 205, 206; 2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.","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}}