An Act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12, relating to protection of employees; coercion or threat based on immigration status; civil penalty.
HB675 adds a new section to the Virginia Code creating a specific workplace protection against employer coercion or threats based on an employee’s immigration status. The bill defines “coercion” and “threat” in this context and makes clear that the term “employer” includes the Commonwealth, its agencies, institutions, and political subdivisions. It prohibits employers from using immigration-status-based threats or coercion to further violations of Virginia wage and hour and related labor protections under Title 40.1.
The bill gives an employee who believes they were targeted 180 days to file a complaint with the Commissioner of Labor and Industry. The Commissioner may investigate complaints from employees, interested third parties, or on the Commissioner’s own initiative, while keeping the complainant’s identity confidential unless disclosure is authorized. If a violation is found, the Commissioner must assess civil penalties that increase for repeat violations, with each act against each affected employee treated as a separate violation. The Commissioner may also seek injunctive relief in circuit court, and the new section does not limit any other remedies already available under Virginia labor law.
HB675 expands Virginia’s labor enforcement framework by adding immigration-status-based coercion and threats as an enforceable workplace violation under Title 40.1. It applies to private employers and public-sector employers alike, and it authorizes administrative investigation, civil penalties, and court enforcement through the Commissioner of Labor and Industry. The bill also reinforces existing worker-protection statutes by making clear that these new remedies are in addition to other rights and enforcement tools already available under Virginia law.
The bill appears to have been enacted without recorded committee-transcript debate or vote history in the provided materials, so there is no documented split in the available record. Its final status as Chapter 1115 indicates it was approved and became law. Based on the text alone, the measure is framed as a worker-protection and anti-retaliation bill, suggesting a generally protective policy purpose rather than a punitive one toward employees.
The main policy issue embedded in the bill is the use of immigration status as a tool of workplace intimidation, and the bill directly targets that conduct by employers. Potential points of contention include the inclusion of the Commonwealth and local public bodies as covered employers, the ability of the Commissioner to investigate based on third-party complaints or on his own initiative, and the confidentiality provisions for complainants. Employers may also view the escalating civil penalties and the treatment of each act against each employee as a separate violation as significant enforcement exposure.