                                 CODE OF VIRGINIA

RETALIATORY ACTIONS PROHIBITED; CIVIL PENALTY (§ 40.1-33.1)

A. 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&#8217;s compensation,
terms, conditions, location, or privileges of employment, because the employee
or independent contractor:

   1. 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

   2. 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.

B. 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.

C. 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.

D. 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&#8217;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.

HISTORY: 2020, cc. 204, 271.