Protection of employees; coercion or threat based on immigration status, civil penalty.

Labor

Enacted

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

Sponsor: Maldonado
Last action: 2026-05-14
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The bill's effective date is not specified in the provided information.

Protection of Employees from Immigration Status-Based Coercion

This act adds a new section in Virginia law that prohibits employers from using coercion or threats based on immigration status against employees to violate labor laws and sets penalties for violations.

What This Bill Does

Adds a new section in the Virginia Code to protect workers from being forced or threatened by their employer because of their immigration status, specifically when it relates to violating labor laws such as the Minimum Wage Act.
Allows an employee who faces such treatment to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat.
Gives the Commissioner the power to investigate complaints and impose fines on employers if they are found guilty: up to $5,000 for the first offense, up to $9,000 for the second, and up to $12,000 for any further offenses.
Requires that all penalties collected be deposited into Virginia's General Fund.
Enables the Commissioner to seek court orders to stop violations or take other actions needed to enforce the law.

Who It Names or Affects

Employees who face coercion or threats based on their immigration status from employers, including government agencies and political subdivisions in Virginia.

Terms To Know

Coercion: A threat to force someone to do something they have a legal right not to do, or to stop them from doing something they legally can do.
Threat: Any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by an employer to deter an employee from engaging in protected activities or exercising a right under labor laws.

Limits and Unknowns

The bill does not specify when it will become effective.
It only applies to violations of Virginia’s Minimum Wage Act or provisions related to the payment of wages, but does not define these terms in detail.

Amendments

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

HB675G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (HB675) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110424D) be accepted.

(HB675) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110424D) be accepted.

HB675H1

2026-04-14 • Governor

Governor Substitute

Plain English: 2026 SESSION HOUSE SUBSTITUTE 26110424D HOUSE BILL NO.

2026 SESSION HOUSE SUBSTITUTE 26110424D HOUSE BILL NO.
675 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 13, 2026) (Patron Prior to Substitute—Delegate Maldonado) A BILL 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; discrimination, coercion, threats, etc., by employer; civil penalty.
Be it enacted by the General Assembly of Virginia: 1.
That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:12 as follows: § 40.1-28.7:12 .

HB675AS1

2026-03-10 • Member

Senator Surovell Amendment

Plain English: 3/10/2026 HB 675 SEN.

3/10/2026 HB 675 SEN.
SUROVELL 1.
Line 35, substitute, after discretion.
strike The insert Notwithstanding any other provision of law, the

HB675EDOC

2026-03-10 • Senate

Senate Amendment

Plain English: 3/10/2026 (HB675) AMENDMENT(S) PROPOSED BY THE SENATE SEN.

3/10/2026 (HB675) AMENDMENT(S) PROPOSED BY THE SENATE SEN.
SUROVELL 1.
Line 35, substitute, after discretion.
strike The insert Notwithstanding any other provision of law, the

Bill History

2026-05-14 Governor
Approved by Governor-Chapter 1115 (effective 7/1/2026)
2026-05-14 Governor
Acts of Assembly Chapter text (CHAP1115)
2026-04-23 House
Communicated to Governor
2026-04-23 Governor
Governor's Action Deadline 11:59 p.m., May 23, 2026
2026-04-23 House
Passed by for the day
2026-04-22 House
Passed by for the day
2026-04-13 Governor
Governor's recommendation received by House
2026-04-02 House
Fiscal Impact Statement from Department of Planning and Budget (HB675)
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
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB675ER)
2026-03-11 House
Senate substitute with amendment agreed to by House (64-Y 35-N 0-A)
2026-03-10 Senate
Engrossed by Senate as amended
2026-03-10 Senate
Read third time
2026-03-10 Senate
Read third time
2026-03-10 Senate
Engrossed by Senate - committee substitute as amended
2026-03-10 Senate
Floor offered
2026-03-10 Courts of Justice
Courts of Justice Substitute agreed to
2026-03-10 Senate
Reading of amendment waived (Voice Vote)
2026-03-10 Senate
Senator Surovell Amendment agreed to
2026-03-10 Senate
Passed Senate with substitute with amendment (21-Y 19-N 0-A)
2026-03-09 Senate
Read third time
2026-03-09 Senate
Passed by for the day
2026-03-06 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (HB675)
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)
2026-02-27 Courts of Justice
Committee substitute printed 26108658D-S1
2026-02-25 Courts of Justice
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (10-Y 5-N)
2026-02-25 Senate
Senate committee offered
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-17 House
Read third time and passed House (61-Y 36-N 0-A)
2026-02-16 House
Read second time and engrossed
2026-02-13 House
Read first time
2026-02-12 House
Fiscal Impact Statement from Department of Planning and Budget (HB675)
2026-02-11 Commerce Agriculture & Natural Resources
Assigned HAPP sub: Commerce Agriculture & Natural Resources
2026-02-11 Appropriations
Reported from Appropriations
2026-02-11 Appropriations
Reported from Appropriations (15-Y 7-N)
2026-02-11 Commerce Agriculture & Natural Resources
Subcommittee recommends reporting (5-Y 2-N)
2026-02-10 Labor and Commerce
Reported from Labor and Commerce and referred to Appropriations (15-Y 7-N)
2026-02-09 House
Fiscal Impact Statement from Department of Planning and Budget (HB675)
2026-02-05 Subcommittee #2
Subcommittee recommends reporting and referring to Appropriations (7-Y 0-N)
2026-01-20 Subcommittee #2
Assigned HCL sub: Subcommittee #2
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26103703D
2026-01-13 Labor and Commerce
Referred to Committee on Labor and Commerce

Official Summary Text

Protection of employees; coercion or threat based on immigration status; civil penalty.
Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

Current Bill Text

Read the full stored bill text

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.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered
40.1-28.7:12
as follows:
§
40.1-28.7:12
. Coercion or threat based on immigration status; civil penalty.
A. As used in this section:
"Coercion" means a threat to compel or induce a person to engage in conduct that the person has a legal right to abstain from or to abstain from conduct that the person has a legal right to engage in.
"Threat" means any implicit or explicit communication specifically pertaining to an employee's or an employee's family member's immigration status that is made by an employer to deter an employee from engaging in protected activities or exercising a right under this chapter or any rules issued by the Department pursuant to this chapter.
B. Notwithstanding the provisions of §
40.1-2.1
, for the purposes of this section, "employer" shall include the Commonwealth and any of its agencies, institutions, or political subdivisions.
C. No employer shall use coercion or issue a threat to an employee based on immigration status in furtherance of committing a violation of any provision of Article 1.1 (§
40.1-28.8
et seq.) or Article 2 (§
40.1-29
et seq.), including rules issued by the Department pursuant to Article 1.1 (§
40.1-28.8
et seq.) or Article 2 (§
40.1-29
et seq.). In addition to any other penalty that may be imposed by the Department against an employer for such violation, an employer that uses coercion or issues a threat to an employee in furtherance of committing a violation of any provision of Article 1.1 (§
40.1-28.8
et seq.) or Article 2 (§
40.1-29
et seq.) shall be subject to a civil penalty pursuant to subsection F.
D. An employee who believes that he was subject to coercion or issued a threat by his employer based on the employee's immigration status may file a complaint with the Commissioner within 180 days of the alleged coercive action or threat.
E. The Commissioner shall receive and acknowledge complaints from individuals and interested third parties. The Commissioner may initiate an investigation (i) upon the receipt of a complaint from an employee, (ii) upon the receipt of a complaint from an interested third party, or (iii) at the Commissioner's discretion.
Notwithstanding any other provision of law, the
Commissioner shall not disclose a complainant's identity unless such complainant consents to disclosure. Unless otherwise resolved, the Commissioner may commence administrative or court proceedings based on the good faith belief of violations of this section under the process set forth in §
40.1-29
. In conducting investigations, the Commissioner may (a) require individuals to submit a statement or report in writing under oath that contains all necessary information, (b) examine under oath any person alleged to have participated in or to have knowledge of the violation, or (c) issue subpoenas.
F. If the Commissioner determines the employer has violated this section, the Commissioner shall assess a civil penalty for each act of coercion or threat issued in the following amounts:
1. For the first violation, a civil penalty not to exceed $5,000;
2. For the second violation, a civil penalty not to exceed $9,000; and
3. For any subsequent violation, a civil penalty not to exceed $12,000.
Each act of coercion or threat issued against each affected employee shall constitute a separate violation of this section. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. Civil penalties assessed under this section shall be paid to the Commissioner for deposit into the general fund.
G. If, during an investigation of any other complaint, the Commissioner discovers information that suggests an employer has used coercion or issued a threat against an employee based on immigration status, the Commissioner may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint.
H. The Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.
I. Nothing in this section shall be construed to reduce the rights or remedies for relief otherwise available under this title, including under §
40.1-27.3
, to an individual, the Commissioner, or the Attorney General.