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Virginia Code > Title 40.1 > Chapter 3 > Article 1 – General Provisions

§ 40.1-22 Safety and Health Codes Commission continued as Safety and Health Codes Board
§ 40.1-22.1 Governor authorized to enter certain agreements
§ 40.1-27 Preventing employment by others of former employee
§ 40.1-27.1 Discharge of employee for absence due to work-related injury prohibited
§ 40.1-27.2 Preference for veterans and spouses
§ 40.1-27.3 Retaliatory action against employee prohibited
§ 40.1-27.4 (Effective until January 1, 2024) Discipline for employee’s medicinal use of cannabis oil prohibited
§ 40.1-27.4 v2 (Effective January 1, 2024) Discipline for employee’s medicinal use of cannabis oil prohibited
§ 40.1-28 Unlawful to require payment for medical examination as condition of employment
§ 40.1-28.01 Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment
§ 40.1-28.6 Equal pay irrespective of sex
§ 40.1-28.7:1 Genetic testing or genetic characteristics as a condition of employment
§ 40.1-28.7:2 Employers to allow crime victims leave to attend criminal proceedings
§ 40.1-28.7:3 Earned income tax credit; employer notice to employee
§ 40.1-28.7:4 Release of employee’s personal identifying information
§ 40.1-28.7:5 Social media accounts of current and prospective employees
§ 40.1-28.7:6 Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
§ 40.1-28.7:7 Misclassification of workers
§ 40.1-28.7:8 Covenants not to compete prohibited as to low-wage employees; civil penalty
§ 40.1-28.7:9 Limiting employees’ sharing wage information with other persons prohibited; civil penalty
§ 40.1-28.7:10 Prohibited use of employee’s social security number; civil penalty

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Terms Used In Virginia Code > Title 40.1 > Chapter 3 > Article 1 - General Provisions

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Commission: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Commissioner: means the Commissioner of Labor and Industry. See Virginia Code 40.1-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Labor and Industry. See Virginia Code 40.1-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
  • Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255

Virginia Code > Title 40.1 > Chapter 3 > Article 1 – 1. Virginia Minimum Wage Act

§ 40.1-28.8 Short title
§ 40.1-28.9 (Effective until July 1, 2030) Definitions; determining wage of tipped employee
§ 40.1-28.9 v2 (Effective July 1, 2030) Definitions; determining wage of tipped employee
§ 40.1-28.10 Minimum wages
§ 40.1-28.11 Penalties
§ 40.1-28.12 Employee’s remedies

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Terms Used In Virginia Code > Title 40.1 > Chapter 3 > Article 1 - 1. Virginia Minimum Wage Act

  • Adjusted state hourly minimum wage: means the amount established by the Commissioner pursuant to subsection H of § 40. See Virginia Code 40.1-28.9
  • Board: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Commission: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Commissioner: means the Commissioner of Labor and Industry. See Virginia Code 40.1-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Labor and Industry. See Virginia Code 40.1-2
  • Employee: includes any individual employed by an employer. See Virginia Code 40.1-28.9
  • Employer: includes any individual, partnership, association, corporation, or business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-28.9
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Federal minimum wage: means the minimum wage or, if applicable, the federal training wage prescribed by the U. See Virginia Code 40.1-28.9
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home care provider: means an individual who provides (i) home health services, including services provided by or under the direct supervision of any health care professional under a medical plan of care in a patient's residence on a visit or hourly basis to patients who have or are at risk of injury, illness, or a disabling condition and require short-term or long-term interventions, or (ii) personal care services, including assistance in personal care to include activities of a daily living provided in an individual's residence on a visit or hourly basis to individuals who have or are at risk of an illness, injury, or disabling condition. See Virginia Code 40.1-28.9
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Tipped employee: means an employee who in the course of employment customarily and regularly receives tips totaling more than $30 each month from persons other than the employee's employer. See Virginia Code 40.1-28.9
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Wages: includes the reasonable cost to the employer of furnishing meals and lodging to an employee if such board or lodging is customarily furnished by the employer and used by the employee. See Virginia Code 40.1-28.9