{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-1901.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-1901.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-1901.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-1901.html"}],"law_id":75593,"edition_id":1,"section_id":75593,"structure_id":15303,"section_number":"58.1-1901","catch_line":"Civil penalties","history":"2020, cc. 681, 682.","full_text":"Any employer, or any officer or agent of the employer, that fails to properly classify an individual as an employee in accordance with \u00a7 58.1-1900 for purposes of this title, Title 40.1, Title 60.2, or Title 65.2 and fails to pay taxes, benefits, or other contributions required to be paid with respect to an employee shall, upon notice by the Department to the affected party, be subject to a civil penalty of up to $1,000 per misclassified individual for a first offense, up to $2,500 per misclassified individual for a second offense, and up to $5,000 per misclassified individual for a third or subsequent offense. Each civil penalty assessed under this chapter shall be paid into the general fund.","order_by":null,"text":{"0":{"id":271534,"text":"Any employer, or any officer or agent of the employer, that fails to properly classify an individual as an employee in accordance with \u00a7 58.1-1900 for purposes of this title, Title 40.1, Title 60.2, or Title 65.2 and fails to pay taxes, benefits, or other contributions required to be paid with respect to an employee shall, upon notice by the Department to the affected party, be subject to a civil penalty of up to $1,000 per misclassified individual for a first offense, up to $2,500 per misclassified individual for a second offense, and up to $5,000 per misclassified individual for a third or subsequent offense. Each civil penalty assessed under this chapter shall be paid into the general fund.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15303,"edition_id":1,"name":"Worker Misclassification","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:53:47","date_modified":"2026-06-26 03:53:47","permalink":{"id":253139,"object_type":"structure","relational_id":15303,"identifier":"19","token":"58.1\/I\/19","url":"\/58.1\/I\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71763,"structure_id":15303,"section_number":"58.1-1900","catch_line":"Classification of employees","url":"\/58.1-1900\/","token":"58.1\/I\/19\/58.1-1900","metadata":false},{"id":75593,"structure_id":15303,"section_number":"58.1-1901","catch_line":"Civil penalties","url":"\/58.1-1901\/","token":"58.1\/I\/19\/58.1-1901","metadata":false},{"id":58268,"structure_id":15303,"section_number":"58.1-1902","catch_line":"Debarment; civil penalty","url":"\/58.1-1902\/","token":"58.1\/I\/19\/58.1-1902","metadata":false},{"id":83893,"structure_id":15303,"section_number":"58.1-1903","catch_line":"Certain agreements prohibited","url":"\/58.1-1903\/","token":"58.1\/I\/19\/58.1-1903","metadata":false},{"id":60804,"structure_id":15303,"section_number":"58.1-1904","catch_line":"Unlawful acts","url":"\/58.1-1904\/","token":"58.1\/I\/19\/58.1-1904","metadata":false},{"id":62738,"structure_id":15303,"section_number":"58.1-1905","catch_line":"Reporting","url":"\/58.1-1905\/","token":"58.1\/I\/19\/58.1-1905","metadata":false}],"previous_section":{"id":71763,"structure_id":15303,"section_number":"58.1-1900","catch_line":"Classification of employees","url":"\/58.1-1900\/","token":"58.1\/I\/19\/58.1-1900","metadata":false},"next_section":{"id":58268,"structure_id":15303,"section_number":"58.1-1902","catch_line":"Debarment; civil penalty","url":"\/58.1-1902\/","token":"58.1\/I\/19\/58.1-1902","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-1901\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 681<\/a> and 682<\/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":[{"id":71763,"section_number":"58.1-1900","catch_line":"Classification of employees","order_by":null,"url":"\/58.1-1900\/"}],"permalink":{"id":253145,"object_type":"law","relational_id":75593,"identifier":"58.1-1901","token":"58.1\/I\/19\/58.1-1901","url":"\/58.1-1901\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-1901\/","token":"58.1\/I\/19\/58.1-1901","dublin_core":{"Title":"Civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-1901","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any employer, or any officer or agent of the employer, that fails to properly classify an individual as an employee in accordance with \u00a7 58.1-1900<\/a> for purposes of this title, Title 40.1, Title 60.2, or Title 65.2 and fails to pay taxes, benefits, or other contributions required to be paid with respect to an employee shall, upon notice by the Department<\/span> to the affected party<\/span>, be subject to a civil penalty<\/span> of up to $1,000 per misclassified individual for a first offense<\/span>, up to $2,500 per misclassified individual for a second offense<\/span>, and up to $5,000 per misclassified individual for a third or subsequent offense<\/span>. Each civil penalty<\/span> assessed under this chapter shall be paid into the general fund.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES (\u00a7 58.1-1901)\n\nAny employer, or any officer or agent of the employer, that fails to properly\nclassify an individual as an employee in accordance with \u00a7 58.1-1900 for\npurposes of this title, Title 40.1, Title 60.2, or Title 65.2 and fails to pay\ntaxes, benefits, or other contributions required to be paid with respect to an\nemployee shall, upon notice by the Department to the affected party, be subject\nto a civil penalty of up to $1,000 per misclassified individual for a first\noffense, up to $2,500 per misclassified individual for a second offense, and up\nto $5,000 per misclassified individual for a third or subsequent offense. Each\ncivil penalty assessed under this chapter shall be paid into the general fund.\n\nHISTORY: 2020, cc. 681, 682.","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}}