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SB28 • 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
Carroll Foy
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 HB 27.

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.

SB28AC

2026-03-05 • Conference

Conference Report

Plain English: JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.

  • JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No.
  • 28 , report as follows: A.
  • We recommend that the House Amendment in the Nature of a Substitute (26108249D) be rejected.
  • B.
SB28G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (SB28) GOVERNOR'S RECOMMENDATION 1.

  • (SB28) 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.
SB28AS1

2026-02-03 • Committee

Commerce and Labor Amendment

Plain English: 2/03/2026 (SB28) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.

  • 2/03/2026 (SB28) AMENDMENT(S) PROPOSED BY THE SENATE COMMERCE AND LABOR 1.
  • At the beginning of line 25, introduced insert (i) COMMERCE AND LABOR 2.
  • Line 26, introduced, after aa et seq.
  • insert , or (ii) any person providing domestic services as an au pair in the U.S.

Bill History

  1. 2026-04-22 Governor

    Governor's recommendation adopted

  2. 2026-04-22 House

    Signed by Speaker

  3. 2026-04-22 Senate

    Signed by President

  4. 2026-04-22 Governor

    Approved by Governor-Chapter 983 (Effective 7/1/2027)

  5. 2026-04-22 Senate

    Reenrolled

  6. 2026-04-22 Senate

    Reenrolled bill text (SB28ER2)

  7. 2026-04-22 Governor

    Acts of Assembly Chapter text (CHAP0983)

  8. 2026-04-22 Senate

    Senate concurred in Governor's recommendation (25-Y 14-N 0-A)

  9. 2026-04-22 House

    House concurred in Governor's recommendation (62-Y 34-N 0-A)

  10. 2026-04-13 Governor

    Governor's recommendation received by Senate

  11. 2026-03-14 Senate

    Enrolled Bill communicated to Governor on March 14, 2026

  12. 2026-03-14 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  13. 2026-03-12 House

    Signed by Speaker

  14. 2026-03-12 Senate

    Signed by President

  15. 2026-03-12 Senate

    Enrolled

  16. 2026-03-12 Senate

    Bill text as passed Senate and House (SB28ER)

  17. 2026-03-12 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB28)

  18. 2026-03-06 Senate

    Conference report agreed to by Senate (22-Y 18-N 0-A)

  19. 2026-03-06 House

    Conference report agreed to by House (60-Y 35-N 1-A)

  20. 2026-03-06 Senate

    Fiscal Impact statement From DPB (3/6/2026 12:11 pm)

  21. 2026-03-06 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB28)

  22. 2026-03-05 Conference

    Conference Report released

  23. 2026-03-05 Senate

    Conference substitute printed 26109222D-S1

  24. 2026-03-05 Conference

    Conference Report released

  25. 2026-03-05 Conference

    Conference Report released

  26. 2026-03-05 House

    Floor substitute printed 26109222D-S1 (Henson)

  27. 2026-03-05 Senate

    Substitute bill reprinted 26109222D

  28. 2026-03-04 House

    Conferees appointed by House

  29. 2026-03-04 House

    House Conferees: Henson, LeVere Bolling, Webert

  30. 2026-03-03 Senate

    Conferees appointed by Senate

  31. 2026-03-03 Senate

    Senate Conferees: Carroll Foy, Deeds, DeSteph

  32. 2026-03-03 Senate

    Senate acceded to request Block Vote (40-Y 0-N 0-A)

  33. 2026-02-27 House

    House insisted on substitute

  34. 2026-02-27 House

    House requested conference committee

  35. 2026-02-26 Senate

    House substitute rejected by Senate (0-Y 39-N 0-A)

  36. 2026-02-24 House

    Read third time

  37. 2026-02-24 House

    committee substitute agreed to

  38. 2026-02-24 House

    Engrossed by House - committee substitute

  39. 2026-02-24 House

    Passed House with substitute (63-Y 34-N 1-A)

  40. 2026-02-23 Labor and Commerce

    Fiscal Impact Statement from Department of Planning and Budget (SB28)

  41. 2026-02-23 House

    Read second time

  42. 2026-02-19 Labor and Commerce

    Reported from Labor and Commerce with substitute (14-Y 6-N)

  43. 2026-02-19 Labor and Commerce

    Committee substitute printed 26108249D-H1

  44. 2026-02-12 House

    Placed on Calendar

  45. 2026-02-12 House

    Read first time

  46. 2026-02-12 Labor and Commerce

    Referred to Committee on Labor and Commerce

  47. 2026-02-09 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB28)

  48. 2026-02-06 Senate

    Engrossed

  49. 2026-02-06 Senate

    Read third time and passed Senate (22-Y 18-N 0-A)

  50. 2026-02-05 Senate

    Read second time

  51. 2026-02-05 Senate

    Engrossed by Senate as amended (Voice Vote)

  52. 2026-02-05 Commerce and Labor

    Commerce and Labor Amendments agreed to

  53. 2026-02-05 Senate

    Engrossed by Senate (Voice Vote)

  54. 2026-02-04 Senate

    Rules suspended

  55. 2026-02-04 Senate

    Passed by for the day

  56. 2026-02-04 Senate

    Passed by for the day

  57. 2026-02-04 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  58. 2026-02-04 Senate

    Passed by for the day Block Vote (Voice Vote)

  59. 2026-02-02 Commerce and Labor

    Reported from Commerce and Labor with amendments (9-Y 6-N)

  60. 2026-01-22 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB28)

  61. 2025-11-17 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26100569D

  62. 2025-11-17 Commerce and Labor

    Referred to Committee on Commerce and Labor

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 HB 27.

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.