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Bill

SB 644

Minimum wage and overtime wages; payment, misclassification of workers, civil actions.

2026 Regular Session Introduced by Jennifer Carroll Foy and 1 co-sponsor

SB 644 strengthens wage protections, penalizes worker misclassification, and creates civil action rights for wage violations in Virginia.

Conference report agreed to by House (62-Y 35-N 0-A)
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Bill Summary · SB 644

Legislative bill overview

SB 644 strengthens Virginia's wage and hour protections by establishing stricter requirements for minimum wage and overtime payment, creating penalties for worker misclassification, and enabling workers to pursue civil action against employers for violations. The bill also appears to close loopholes that allow employers to avoid wage obligations through improper classification of employees as independent contractors.

Why is this important

Wage theft and worker misclassification cost workers millions in unpaid compensation annually while creating unfair competitive advantages for non-compliant employers. This bill directly addresses enforcement gaps and gives workers legal recourse, potentially impacting gig economy practices, construction, and service industries where misclassification is common. The fiscal impact statement suggests measurable economic implications for Virginia businesses and workers.

Potential points of contention

  • Business compliance costs: Employers, particularly small businesses in service and construction sectors, may face increased administrative burden and liability exposure for wage classification decisions
  • Definition clarity: The specific criteria for distinguishing employees from independent contractors will be critical—ambiguous language could create litigation uncertainty
  • Gig economy impact: Companies relying on contractor classifications (delivery, rideshare platforms) may need to restructure business models, potentially affecting service availability or costs

Compiled from official sources — confirm details with the bill’s official record.

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