{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.12.html"}],"law_id":77382,"edition_id":1,"section_id":77382,"structure_id":13264,"section_number":"40.1-33.12","catch_line":"Enforcement; civil penalty","history":"2023, c. 751.","full_text":"A\n\nThe Commissioner shall enforce the provisions of this article and shall adopt appropriate guidance for the implementation and enforcement of this article.B\n\nAny person alleging a violation of this article shall have the right to file a complaint with the Commissioner within one year of the date the person knew or should have known of the alleged violation. The Commissioner shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or other person reporting the violation, provided, however, that with the authorization of such person, the Commissioner may disclose the person’s name and identifying information as necessary to enforce this article or for other appropriate purposes.C\n\nUpon receiving a complaint alleging a violation of this article, the Commissioner shall investigate such complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint, or other means. The Commissioner shall keep complainants notified regarding the status of their complaint and any resultant investigation. If the Commissioner believes that a violation has occurred, he shall issue to the offending person or employer a notice of violation and the relief required of the offending person or entity. The Commissioner shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.D\n\nThe Commissioner shall notify any employer who he alleges has violated any provision of this article 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 with the Commissioner regarding such violation.E\n\nAny such employer who knowingly violates this article shall be subject to a civil penalty not to exceed $1,000 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $2,500 for the second violation and not to exceed $5,000 for each successive violation. In determining the amount of any civil 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.F\n\nCivil penalties owed under this article shall be paid to the Commissioner for deposit into the general fund. The Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.","order_by":null,"text":{"0":{"id":277565,"text":"The Commissioner shall enforce the provisions of this article and shall adopt appropriate guidance for the implementation and enforcement of this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277566,"text":"Any person alleging a violation of this article shall have the right to file a complaint with the Commissioner within one year of the date the person knew or should have known of the alleged violation. The Commissioner shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or other person reporting the violation, provided, however, that with the authorization of such person, the Commissioner may disclose the person’s name and identifying information as necessary to enforce this article or for other appropriate purposes.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277567,"text":"Upon receiving a complaint alleging a violation of this article, the Commissioner shall investigate such complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint, or other means. The Commissioner shall keep complainants notified regarding the status of their complaint and any resultant investigation. If the Commissioner believes that a violation has occurred, he shall issue to the offending person or employer a notice of violation and the relief required of the offending person or entity. The Commissioner shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277568,"text":"The Commissioner shall notify any employer who he alleges has violated any provision of this article 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 with the Commissioner regarding such violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277569,"text":"Any such employer who knowingly violates this article shall be subject to a civil penalty not to exceed $1,000 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $2,500 for the second violation and not to exceed $5,000 for each successive violation. In determining the amount of any civil 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277570,"text":"Civil penalties owed under this article shall be paid to the Commissioner for deposit into the general fund. The Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13264,"edition_id":1,"name":"Organ Donation Leave","identifier":"2.2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:44:32","date_modified":"2026-06-26 03:44:32","permalink":{"id":219995,"object_type":"structure","relational_id":13264,"identifier":"2.2","token":"40.1\/3\/2.2","url":"\/40.1\/3\/2.2\/","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":64375,"structure_id":13264,"section_number":"40.1-33.10","catch_line":"Health benefit plan; commission","url":"\/40.1-33.10\/","token":"40.1\/3\/2.2\/40.1-33.10","metadata":false},{"id":73191,"structure_id":13264,"section_number":"40.1-33.11","catch_line":"Retaliatory action prohibited","url":"\/40.1-33.11\/","token":"40.1\/3\/2.2\/40.1-33.11","metadata":false},{"id":77382,"structure_id":13264,"section_number":"40.1-33.12","catch_line":"Enforcement; civil penalty","url":"\/40.1-33.12\/","token":"40.1\/3\/2.2\/40.1-33.12","metadata":false},{"id":85185,"structure_id":13264,"section_number":"40.1-33.7","catch_line":"Definitions","url":"\/40.1-33.7\/","token":"40.1\/3\/2.2\/40.1-33.7","metadata":false},{"id":73484,"structure_id":13264,"section_number":"40.1-33.8","catch_line":"Organ donation leave","url":"\/40.1-33.8\/","token":"40.1\/3\/2.2\/40.1-33.8","metadata":false},{"id":54263,"structure_id":13264,"section_number":"40.1-33.9","catch_line":"Employee's right to benefits; restoration of position","url":"\/40.1-33.9\/","token":"40.1\/3\/2.2\/40.1-33.9","metadata":false}],"previous_section":{"id":73191,"structure_id":13264,"section_number":"40.1-33.11","catch_line":"Retaliatory action prohibited","url":"\/40.1-33.11\/","token":"40.1\/3\/2.2\/40.1-33.11","metadata":false},"next_section":{"id":85185,"structure_id":13264,"section_number":"40.1-33.7","catch_line":"Definitions","url":"\/40.1-33.7\/","token":"40.1\/3\/2.2\/40.1-33.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.12\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 751<\/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":220005,"object_type":"law","relational_id":77382,"identifier":"40.1-33.12","token":"40.1\/3\/2.2\/40.1-33.12","url":"\/40.1-33.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.12\/","token":"40.1\/3\/2.2\/40.1-33.12","dublin_core":{"Title":"Enforcement; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall enforce the provisions of this article and shall adopt appropriate guidance for the implementation and enforcement of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person alleging a violation of this article shall have the right to file a complaint with the Commissioner<\/span> within one year of the date the person knew or should have known of the alleged violation. The Commissioner<\/span> shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws<\/span>, the name and other identifying information of the employee<\/span> or other person reporting the violation, provided, however, that with the authorization of such person, the Commissioner<\/span> may disclose the person’s name and identifying information as necessary to enforce this article or for other appropriate purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receiving a complaint alleging a violation of this article, the Commissioner<\/span> shall investigate such complaint and attempt to resolve it through mediation between the complainant and the subject of the complaint, or other means. The Commissioner<\/span> shall keep complainants notified regarding the status of their complaint and any resultant investigation. If the Commissioner<\/span> believes that a violation has occurred, he shall issue<\/span> to the offending person or employer<\/span> a notice of violation and the relief required of the offending person or entity. The Commissioner<\/span> shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> shall notify any employer<\/span> who he alleges has violated any provision of this article 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 with the Commissioner<\/span> regarding such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any such employer<\/span> who knowingly violates this article shall be subject to a civil penalty<\/span> not to exceed $1,000 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $2,500 for the second violation and not to exceed $5,000 for each successive violation. In determining the amount of any civil 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Civil penalties owed under this article shall be paid to the Commissioner<\/span> for deposit into the general fund. The Commissioner<\/span> shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT; CIVIL PENALTY (\u00a7 40.1-33.12)\n\nA. The Commissioner shall enforce the provisions of this article and shall adopt\nappropriate guidance for the implementation and enforcement of this article.\n\nB. Any person alleging a violation of this article shall have the right to file\na complaint with the Commissioner within one year of the date the person knew or\nshould have known of the alleged violation. The Commissioner shall encourage\nreporting pursuant to this subsection by keeping confidential, to the maximum\nextent permitted by applicable laws, the name and other identifying information\nof the employee or other person reporting the violation, provided, however, that\nwith the authorization of such person, the Commissioner may disclose the\nperson’s name and identifying information as necessary to enforce this\narticle or for other appropriate purposes.\n\nC. Upon receiving a complaint alleging a violation of this article, the\nCommissioner shall investigate such complaint and attempt to resolve it through\nmediation between the complainant and the subject of the complaint, or other\nmeans. The Commissioner shall keep complainants notified regarding the status of\ntheir complaint and any resultant investigation. If the Commissioner believes\nthat a violation has occurred, he shall issue to the offending person or\nemployer a notice of violation and the relief required of the offending person\nor entity. The Commissioner shall prescribe the form and wording of such notices\nof violation, including any method of appealing a decision of the Commissioner.\n\nD. The Commissioner shall notify any employer who he alleges has violated any\nprovision of this article 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 with the\nCommissioner regarding such violation.\n\nE. Any such employer who knowingly violates this article shall be subject to a\ncivil penalty not to exceed $1,000 for the first violation and, for subsequent\nviolations that occur within two years of any previous violation, not to exceed\n$2,500 for the second violation and not to exceed $5,000 for each successive\nviolation. In determining the amount of any civil penalty to be imposed, the\nCommissioner shall consider the size of the business of the employer charged and\nthe gravity of the violation. The decision of the Commissioner shall be final.\n\nF. Civil penalties owed under this article shall be paid to the Commissioner for\ndeposit into the general fund. The Commissioner shall prescribe procedures for\nthe payment of proposed assessments of civil penalties that are not contested by\nemployers.\n\nHISTORY: 2023, c. 751.","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}}