Virginia Law

A. The Commissioner shall promulgate regulations for implementation and enforcement of this article.

B. In enforcing the provisions of this article, the Commissioner shall establish a system utilizing multiple means of communication to receive complaints regarding noncompliance with this article and to investigate complaints received by the Commissioner in a timely manner.

C. Any person alleging a violation of this article shall have the right to file a complaint with the Commissioner within one year after the date the person knew or should have known of the alleged violation. The Commissioner may initiate an investigation upon the receipt of a complaint from an employee or an interested third party or at the Commissioner's discretion. The Commissioner shall encourage reporting pursuant to this section by keeping confidential, notwithstanding any other provision of law, the name and other identifying information of the complainant or employee witness, provided, however, that with the authorization of such person, the Commissioner may disclose such person's name and identifying information as necessary to enforce this article or for other appropriate purposes. In the course of an investigation, the Commissioner or the Commissioner's designee may enter the employer's premises to review records, require an employer or employee to submit a statement or report in writing under oath as to all necessary information, examine under oath any person alleged to have participated in or have knowledge of the violation, and issue subpoenas.

D. Upon receiving a complaint alleging a violation of this article, the Commissioner may attempt to resolve such complaint through mediation between the complainant and the person or employer alleged to have violated this article. No civil monetary penalty shall be assessed and no action shall be brought if a person or employer alleged to have violated this article corrects the alleged violation within a reasonable time to be established by regulation. The Commissioner shall keep the complainant notified regarding the status of his complaint and any resultant investigation. If the Commissioner determines that a violation has occurred, he may issue to the offending person or employer a notice of violation and the relief required of the offending person or employer. The Commissioner shall prescribe the form and wording of such notices of violation, including any method of appealing a decision of the Commissioner.

E. The Commissioner shall notify any employer that he alleges has violated any provision of this article by certified mail or other appropriate means, as determined by the Commissioner. 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 alleged violation.

F. Any such employer that knowingly violates this article shall be subject to a civil penalty not to exceed $150 for the first violation and, for subsequent violations that occur within two years of any previous violation, not to exceed $300 for the second violation and not to exceed $500 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.

G. The Commissioner or the Attorney General may commence administrative proceedings or bring a civil action to enforce the provisions of this article. An employer that violates this article shall be liable for such legal or equitable relief as may be appropriate, including the remedies available under subsection H. Upon entry of a final order of the Commissioner, or upon entry of a judgment against the employer, the Commissioner or the court shall assess reasonable attorney fees.

H. In addition to any civil penalties provided by this section, and without regard to any exhaustion of alternative administrative remedies provided for in this section, an employee who alleges a violation of this article may bring a civil action in a court of competent jurisdiction against an employer violating this article. Such action may be brought by a person aggrieved by a violation of this article without first filing an administrative complaint. Upon prevailing in an action brought pursuant to this section, the court shall order as a remedy to the employee (i) twice the amount of any uncompensated sick leave; (ii) twice the amount of any actual damages suffered as the result of an employer's violation of this article; (iii) injunctive relief as appropriate to restrain continued violation of this article; (iv) such legal or equitable relief as may be appropriate to remedy the violation, including the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position; and (v) compensation for any lost wages, benefits, and other remuneration, together with interest thereon and reasonable attorney fees and costs. The statute of limitations for a civil action brought pursuant to this section shall be for a period of two years from the date the alleged violation occurred or the date the aggrieved employee knew or should have known of the violation.

I. 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. Such procedures shall include provisions for an employer to consent to abatement of the alleged violation and to pay a proposed civil penalty or a negotiated sum in lieu of such civil penalty without admission of any civil liability arising from such alleged violation.

2026, cc. 1128, 1129.