{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.1.html"}],"law_id":77516,"edition_id":1,"section_id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","history":"2020, cc. 204, 271.","full_text":"A\n\nAn employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee or independent contractor, or take other retaliatory action regarding an employee or independent contractor’s compensation, terms, conditions, location, or privileges of employment, because the employee or independent contractor:1\n\nHas reported or plans to report to an appropriate authority that an employer, or any officer or agent of the employer, has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions; or2\n\nIs requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action.B\n\nThe provisions of subsection A shall apply only if an employee or independent contractor who discloses information about suspected worker misclassification has done so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be subject to the protections provided by subsection A.C\n\nAny employee who is discharged, disciplined, threatened, discriminated against, or penalized in a manner prohibited by this section may file a complaint with the Commissioner. The Commissioner, with the written and signed consent of such an employee, may institute proceedings against the employer for appropriate remedies for such action, including reinstatement of the employee and recovering lost wages.D\n\nAny employer who discharges, disciplines, threatens, discriminates against, or penalizes an employee in a manner prohibited by this section shall be subject to a civil penalty not to exceed the amount of the employee’s wages that are lost as a result of the violation. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund.","order_by":null,"text":{"0":{"id":278050,"text":"An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee or independent contractor, or take other retaliatory action regarding an employee or independent contractor’s compensation, terms, conditions, location, or privileges of employment, because the employee or independent contractor:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":278051,"text":"Has reported or plans to report to an appropriate authority that an employer, or any officer or agent of the employer, has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":278052,"text":"Is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":278053,"text":"The provisions of subsection A shall apply only if an employee or independent contractor who discloses information about suspected worker misclassification has done so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee knew or should have known were false, confidential by law, or malicious shall not be deemed good faith reports and shall not be subject to the protections provided by subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":278054,"text":"Any employee who is discharged, disciplined, threatened, discriminated against, or penalized in a manner prohibited by this section may file a complaint with the Commissioner. The Commissioner, with the written and signed consent of such an employee, may institute proceedings against the employer for appropriate remedies for such action, including reinstatement of the employee and recovering lost wages.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":278055,"text":"Any employer who discharges, disciplines, threatens, discriminates against, or penalizes an employee in a manner prohibited by this section shall be subject to a civil penalty not to exceed the amount of the employee’s wages that are lost as a result of the violation. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 204<\/a> and 271<\/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":219969,"object_type":"law","relational_id":77516,"identifier":"40.1-33.1","token":"40.1\/3\/2\/40.1-33.1","url":"\/40.1-33.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","dublin_core":{"Title":"Retaliatory actions prohibited; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An employer<\/span> shall not discharge, discipline, threaten, discriminate against, or penalize an employee<\/span> or independent contractor, or take other retaliatory action regarding an employee<\/span> or independent contractor’s compensation, terms, conditions, location, or privileges<\/span> of employment, because the employee<\/span> or independent contractor: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has reported or plans to report to an appropriate authority that an employer<\/span>, or any officer or agent of the employer<\/span>, has failed to properly classify an individual as an employee<\/span> and failed to pay required benefits or other contributions; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing<\/span>, or inquiry by an appropriate authority or in a court<\/span> action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall apply only if an employee<\/span> or independent contractor who discloses information about suspected worker misclassification has done so in good faith and upon a reasonable belief that the information is accurate. Disclosures that are reckless or the employee<\/span> knew or should have known were false, confidential by law<\/span>, or malicious<\/span> shall not be deemed good faith reports and shall not be subject to the protections provided by subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any employee<\/span> who is discharged, disciplined, threatened, discriminated against, or penalized in a manner prohibited by this section may file a complaint with the Commissioner<\/span>. The Commissioner<\/span>, with the written and signed consent of such an employee<\/span>, may institute proceedings against the employer<\/span> for appropriate remedies for such action, including reinstatement of the employee<\/span> and recovering lost wages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any employer<\/span> who discharges, disciplines, threatens, discriminates against, or penalizes an employee<\/span> in a manner prohibited by this section shall be subject to a civil penalty<\/span> not to exceed the amount of the employee<\/span>’s wages that are lost as a result of the violation. Civil penalties under this section shall be assessed by the Commissioner<\/span> and paid to the Literary Fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETALIATORY ACTIONS PROHIBITED; CIVIL PENALTY (\u00a7 40.1-33.1)\n\nA. An employer shall not discharge, discipline, threaten, discriminate against,\nor penalize an employee or independent contractor, or take other retaliatory\naction regarding an employee or independent contractor’s compensation,\nterms, conditions, location, or privileges of employment, because the employee\nor independent contractor:\n\n 1. Has reported or plans to report to an appropriate authority that an\n employer, or any officer or agent of the employer, has failed to properly\n classify an individual as an employee and failed to pay required benefits or\n other contributions; or\n\n 2. Is requested or subpoenaed by an appropriate authority to participate in an\n investigation, hearing, or inquiry by an appropriate authority or in a court\n action.\n\nB. The provisions of subsection A shall apply only if an employee or independent\ncontractor who discloses information about suspected worker misclassification\nhas done so in good faith and upon a reasonable belief that the information is\naccurate. Disclosures that are reckless or the employee knew or should have\nknown were false, confidential by law, or malicious shall not be deemed good\nfaith reports and shall not be subject to the protections provided by subsection\nA.\n\nC. Any employee who is discharged, disciplined, threatened, discriminated\nagainst, or penalized in a manner prohibited by this section may file a\ncomplaint with the Commissioner. The Commissioner, with the written and signed\nconsent of such an employee, may institute proceedings against the employer for\nappropriate remedies for such action, including reinstatement of the employee\nand recovering lost wages.\n\nD. Any employer who discharges, disciplines, threatens, discriminates against,\nor penalizes an employee in a manner prohibited by this section shall be subject\nto a civil penalty not to exceed the amount of the employee’s wages that\nare lost as a result of the violation. Civil penalties under this section shall\nbe assessed by the Commissioner and paid to the Literary Fund.\n\nHISTORY: 2020, cc. 204, 271.","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}}