HB27 • 2026

Overtime for certain employees; pay for domestic workers, delayed effective date.

An Act to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees; domestic workers.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Henson
Last action: 2026-04-22
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Overtime for certain employees; pay for domestic workers, delayed effective date.

Overtime for certain employees; domestic workers.

What This Bill Does

Overtime for certain employees; domestic workers.
Adds domestic workers, as defined in the bill, to provisions related to overtime pay.
The bill has a delayed effective date of July 1, 2027.
This bill is identical to SB 28.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB27G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB27) GOVERNOR'S RECOMMENDATION 1.

(HB27) GOVERNOR'S RECOMMENDATION 1.
Line 44, enrolled, after 1, strike 2027 insert 2028 2.
After line 44, enrolled insert 3.
That the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.

HB27AHC1

2026-01-22

Labor and Commerce Amendment

Plain English: OFFERED FOR CONSIDERATION 1/22/2026 HB 27 SUBCOMMITTEE 1.

OFFERED FOR CONSIDERATION 1/22/2026 HB 27 SUBCOMMITTEE 1.
Line 5, introduced, Title, after workers insert and live-in domestic workers SUBCOMMITTEE 2.
Line 24, introduced, after employers.
strike the remainder of line 24 and all of lines 25 and 26

HB27AHC2

2026-01-22 • Committee

Subcommittee #2 Subcommittee Amendment

Plain English: 1/22/2026 HB 27 SUBCOMMITTEE 1.

1/22/2026 HB 27 SUBCOMMITTEE 1.
Line 5, introduced, Title, after workers insert and live-in domestic workers SUBCOMMITTEE 2.
Line 24, introduced, after employers.
strike the remainder of line 24 and all of lines 25 and 26

HB27AH1

2026-01-27 • Committee

Labor and Commerce Amendment

Plain English: 1/27/2026 HB 27 LABOR AND COMMERCE 1.

1/27/2026 HB 27 LABOR AND COMMERCE 1.
Line 5, introduced, Title, after workers insert and live-in domestic workers LABOR AND COMMERCE 2.
Line 24, introduced, after employers.
strike the remainder of line 24 and all of lines 25 and 26

Bill History

2026-04-22 Governor
Governor's recommendation adopted
2026-04-22 House
Signed by Speaker
2026-04-22 Senate
Signed by President
2026-04-22 Governor
Approved by Governor-Chapter 1031 (Effective 7/1/2027)
2026-04-22 House
Reenrolled
2026-04-22 House
Reenrolled bill text (HB27ER2)
2026-04-22 Governor
Acts of Assembly Chapter text (CHAP1031)
2026-04-22 House
House concurred in Governor's recommendation (62-Y 36-N 0-A)
2026-04-22 Senate
Senate concurred in Governor's recommendation (24-Y 15-N 0-A)
2026-04-13 Governor
Governor's recommendation received by House
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB27)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB27ER)
2026-03-11 House
Senate substitute agreed to by House (63-Y 35-N 1-A)
2026-03-09 Senate
Read third time
2026-03-09 Senate
Engrossed by Senate - committee substitute
2026-03-09 Senate
Engrossed by Senate - committee substitite
2026-03-09 Commerce and Labor
Commerce and Labor Substitute agreed to
2026-03-09 Senate
Passed Senate with substitute (22-Y 18-N 0-A)
2026-03-06 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-06 Senate
Passed by for the day
2026-03-05 Senate
Rules suspended
2026-03-05 Senate
Rules suspended
2026-03-05 Senate
Passed by for the day
2026-03-05 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)
2026-03-05 Senate
Passed by for the day Block Vote (Voice Vote)
2026-03-04 Finance and Appropriations
Reported from Finance and Appropriations (10-Y 5-N)
2026-02-24 Commerce and Labor
Committee substitute printed 26108320D-S1
2026-02-24 Commerce and Labor
Fiscal Impact Statement from Department of Planning and Budget (HB27)
2026-02-23 Commerce and Labor
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (9-Y 6-N)
2026-02-11 House
Fiscal Impact Statement from Department of Planning and Budget (HB27)
2026-02-03 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-03 Commerce and Labor
Referred to Committee on Commerce and Labor
2026-02-02 House
Read third time and passed House (62-Y 35-N 1-A)
2026-01-30 House
Read second time
2026-01-30 House
committee amendments agreed to
2026-01-30 House
Engrossed by House as amended
2026-01-29 House
Read first time
2026-01-27 Labor and Commerce
Reported from Labor and Commerce with amendment(s) (15-Y 7-N)
2026-01-22 House
Fiscal Impact Statement from Department of Planning and Budget (HB27)
2026-01-22 Subcommittee #2
Subcommittee recommends reporting with amendment(s) (5-Y 2-N)
2026-01-22 Subcommittee #2
House subcommittee offered
2026-01-15 Subcommittee #2
Assigned HCL sub: Subcommittee #2
2025-12-22 House
Prefiled and ordered printed; Offered 01-14-2026 26101405D
2025-12-22 Labor and Commerce
Referred to Committee on Labor and Commerce

Official Summary Text

Overtime for certain employees; domestic workers.
Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 28.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
40.1-29.3
of the Code of Virginia, relating to overtime for certain employees; domestic workers.
Be it enacted by the General Assembly of Virginia:
1. That §
40.1-29.3
of the Code of Virginia is amended and reenacted as follows:
§
40.1-29.3
. Overtime for certain employees.
A. As used in this section:
"Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq.
"Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.
"Domestic services" means services of a household nature performed by an individual in or about a private home on a permanent or temporary basis. "Domestic services" includes caring for a child, serving as a companion or caretaker for an elderly individual or an individual with an illness or disability, housekeeping or house cleaning, cooking, providing food or butler services, parking vehicles, cleaning laundry, gardening, and organizing personal affairs for an employer.
"Domestic worker" means an hourly or salaried employee, independent contractor, or full-time or part-time worker who provides domestic services for one or more employers. "Domestic worker" does not include (i) any employee providing consumer-directed services under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. or (ii) any person providing domestic services as an au pair in the U.S. Department of State's Exchange Visitor Program governed by 22 C.F.R. § 62.31.
"Employee" means
a domestic worker or
an individual employed by a derivative carrier.
B. An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee's regular rate for any hours worked by an employee in excess of 40 hours in any one workweek. An employee's regular rate shall be calculated as the employee's hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek.
C. If an employer fails to pay overtime wages to an employee in accordance with this section, the employee may bring an action against the employer in a court of competent jurisdiction to recover payment of the overtime wages, and the court shall award the overtime wages owed, an additional equal amount as liquidated damages, and reasonable attorney fees and costs; however, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court may, in its discretion, award no liquidated damages or award any amount thereof not to exceed the amount of the unpaid overtime wages.
D. An action under this section shall be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.
2. That the provisions of this act shall become effective on July 1, 2028.
3. That the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.