News and
Announcements
DOLI Headquarters Relocates to West End Location
Reinstatement of 16VAC15-60 (“Training Wage”)
Effective March 13, 2024, 16VAC15-60, sometimes referred to as the “Training Wage” regulation, has been adopted as a final regulation. This regulation, previously enacted as an emergency regulation, expired effective April 30, 2023. Under the regulation, employers in the Commonwealth may temporarily exempt an employee from the Virginia minimum wage (pursuant to § 40.1-28.10 Code of Virginia) and pay a lower training wage while they are participating in an established training program. DOLI’s Labor & Employment Law Division has provided a summary of the regulation and DOLI’s interpretation:
General Rules: The training wage regulation may be implemented by both private and public sector employers in the Commonwealth. To receive the training wage, an employee must be enrolled in an established on-the-job training program for a period not to exceed 90 days. The training wage rate shall be the greater of either the federal minimum wage or 75% of the Virginia minimum wage. (75% of the current Virginia minimum wage is $9.00 per hour.)
Eligible Employees: An employee may only be paid the training wage if there is a reasonable expectation that there will be regular, permanent employment for the trainee upon successful completion of the training program. Seasonal employees and temporary employees are not eligible. The trainee must also have no previous similar or related experience to the occupation for which they are being trained. An employer also cannot hire or utilize an employee being paid the training wage as a means to displace any other workers, such as by reducing hours of other employees, replacing an employee with a trainee, or replacing an approved registered apprenticeship program with trainees.
Training Programs: The training wage may only be offered to trainees in programs which meet certain requirements. The program must involve either formal instruction or on-the-job training which grants the trainee limited responsibilities, performed under supervision. The training program must also describe, in writing, the nature and extent of the instruction and supervision provided. Furthermore, the occupation for which the trainee is receiving training must require a sufficient degree of technical skill to necessitate a learning period. Training programs cannot be solely for the purpose of acquiring manual dexterity and high production speed in repetitive operations. For example, a bakery employing a baking trainee who is learning to use a multitude of equipment and develop the technical skills to produce various goods may pay this trainee the training wage. However, a bakery may not pay the training wage to a bakery clerk trainee who is tasked with using a cash register and preparing customer orders and whose training only entails learning how to quickly assemble and ring up orders.
About the Agency:
It is the mission of the Virginia Department of Labor and Industry to make Virginia a better place in which to live, work, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace, including the training wage regulation. Additional information about coverage and requirements under the new regulation can be obtained by contacting the Division’s Payment of Wage Unit at (804) 786-2706 or at laborlaw@doli.virginia.gov.
2024 VOSH Safety and Health Conference – REGISTER TODAY!
The Virginia Department of Labor and Industry is excited to announce the 2024 VOSH Safety and Health Conference, in partnership with the Voluntary Protection Program Participants’ Association (VPPPA) Region III. This year’s conference will provide opportunities to hear from industry experts, expand your safety knowledge and network with safety professionals.
The conference will be held from June 10-13, 2024 at The Founders Inn and Spa (5641 Indian River Road, Virginia Beach, VA 23464).
Click here to learn more and register for the conference! We look forward to seeing you there.
Virginia Department of Labor and Industry Recertifies Johns Manville as Voluntary Protection Program ‘STAR’ site
RICHMOND – Johns Manville has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP). This is the site’s third recertification since 2009.
“We commend the dedication and determination of the staff and leadership at Johns Manville for prioritizing occupational health and safety,” said Gary G. Pan, Commissioner of the Department of Labor and Industry. “This achievement demonstrates their outstanding commitment toward keeping their workers safe.”
Johns Manville in Richmond, Virginia is one of 36 current participants in the STAR program of public/private sector worksites to achieve and retain this recognition. The Johns Manville site has 80,000 square feet of manufacturing and 20,000 square feet of warehousing and has 53 employees. They are a paper converting facility that uses primarily paper, light gauge aluminum foil, and fiberglass scrim to produce facings and vapor barriers for the residential and commercial building segments. The business started in 1946 as the Hamilton Manufacturing Company and was acquired by Johns Manville in 1973.
Virginia Voluntary Protection Programs recognize Virginia employers, in any industry, demonstrating exceptional safety and health management systems. The programs are a collaboration between company management, employees, and VOSH staff to establish a cooperative relationship that encourages continuous improvement in worksite safety performance. VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs.
For more information about this program or services offered through the Voluntary Protection Programs, visit www.doli.virginia.gov/voluntary-protection-program/.
The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources.
About the Virginia Department of Labor and Industry
DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, Division of Labor and Employment Laws, and Virginia Registered Apprenticeship program. DOLI strives to make Virginia a better place in which to work, live, and conduct business.
Virginia Department of Labor and Industry Recertifies Dominion Energy Surry Power Station as Voluntary Protection Program ‘STAR’ site
RICHMOND – Dominion Energy Surry Power Station in Surry, Virginia has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection
Programs (VPP). This is the site’s third recertification since 2009.
“We commend the dedication of the staff and management of Surry Power Station for prioritizing occupational health and safety,” said Gary G. Pan, Commissioner of the Department of Labor and Industry. “This achievement demonstrates their tremendous commitment toward keeping workers safe.”
Dominion Energy Surry Power Station is one of 36 current participants in the STAR program of public/private sector worksites to achieve and retain this recognition. The facility is situated on 840 acres on the James River and began production in 1972. The two nuclear-powered units on the site produce 15% of the state of Virginia’s electrical needs or enough energy for approximately 420,000 households. Virginia Voluntary Protection Programs recognize Virginia employers of all industries demonstrating exceptional safety and health management systems. The programs are a collaboration between company management, employees, and VOSH staff to establish a cooperative relationship that encourages continuous improvement in worksite safety performance. VOSH VPP administers the Virginia STAR,
Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs.
For more information about this program or services offered through Virginia Voluntary Protection Programs, visit doli.virginia.gov/voluntary-protection-program/.
The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or
$0.00 of the State Plan budget, is financed through nongovernmental sources.
Notice Of The Average Weekly Wage For 2024
Pursuant to Va. Code § 40.1-28.7:8, the term “low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Department of Workforce Development and Advancement to include all employees who earn an average of less than $1,410 per week. “Low-wage employee” also includes an individual who has independently contracted with another person to perform services independent of an employment relationship and who is compensated for such services by such person at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported, for the preceding year, by the Bureau of Labor Statistics of the U.S. Department of Labor.
Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.
Additionally, the section contains a posting requirement for employers which advises,
“Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.
For any questions about current wage rates or requirements under the law, please contact the Department’s Labor & Employment Law Division at laborlaw@doli.virginia.gov.
Virginia Department of Labor and Industry receives federal grant funds to expand Registered Apprenticeship
RICHMOND – The Virginia Department of Labor and Industry (DOLI) has been awarded a State Apprenticeship Expansion Formula (SAEF) grant by the U.S. Department of Labor to expand the Virginia Registered Apprenticeship program by creating opportunities for innovation, engagement and accessibility in Virginia.
Virginia Registered Apprenticeship assists employers with developing highly skilled workers through the utilization of the occupation-specific apprenticeship training model. The program enables individuals to acquire new skills and expand their industry knowledge while earning a paycheck.
“An apprenticeship is more than just a job. It creates a powerful pathway to a successful career where you can get paid to learn skills and gain experience without incurring substantial educational debt,” said Secretary of Labor Bryan Slater. “This grant will help us boost career pathways for hard working Virginians.’
“Virginia Registered Apprenticeship has always served as a vital tool to providing Virginia workers with the necessary skills and knowledge to compete in this competitive economy,” said DOLI Commissioner Gary Pan. “These funds will allow Registered Apprenticeship to expand this mission to emerging industries and develop the next generation of Virginia’s workforce.”
The awarded funds of $927,372, titled Project HIRED (Highlight, Include, Recruit, Engage, Deliver), will allow Virginia to focus on expanding usage of the apprenticeship model in clean energy, early childhood education, teacher education, and other occupations in the emerging industries. Project HIRED invites individuals with disabilities, military-associated, justice-impacted, low-income, and other marginalized individuals to participate with apprenticeship employer/sponsors in a Registered Apprenticeship program.
About the Virginia Department of Labor and Industry
DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, Division of Labor and Employment Laws, and Virginia Registered Apprenticeship program. DOLI strives to make Virginia a better place in which to work, live, and conduct business.
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We are hiring!
Are you looking for a career where you can positively contribute to the safety of working Virginians? DOLI is hiring motivated career-oriented professionals.
Legislative Changes Virginia Employment and Child Labor Laws
RICHMOND, VA – Effective July 1, 2023, legislation passed by the General Assembly during the 2023 session will go into effect, which alter existing labor laws and create new protections for workers in the Commonwealth. These bi-partisan measures help advance Governor Glenn Youngkin’s goals of accelerating Virginia’s economy and keeping Virginians safe.
“In our effort to keep Virginia as the top place in the nation to live and work, these sensible new laws create protections for hard working Virginians, while strategically removing barriers to entry for certain career paths,” said Secretary of Labor Bryan Slater. “It’s a win-win scenario for Virginians.”
Children Ages Sixteen Years or Older in Registered Apprenticeship to work in Certain Occupations:
Children aged sixteen or older may be permitted to work in barbershops or cosmetology salons under certain circumstances. Senate Bill 1363 amends § 40.1-100 Code of Virginia to add this exemption.
Under § 40.1-100 Code of Virginia, certain employment for youth employees is prohibited or limited. Included in these limitations is the prohibition of any child under eighteen years of age from performing work “in any capacity in preparing any composition in which dangerous or poisonous chemicals are used.” Under Senate Bill 1363, children aged sixteen years or older who are registered apprentices may serve in a barbershop or cosmetology salon licensed by the Virginia Department of Professional and Occupational Regulation’s Board for Barbers and Cosmetology, in accordance with the Board’s regulations.
Information about Registered Apprenticeship programs can be obtained by contacting DOLI’s Division of Registered Apprenticeship at https://www.doli.virginia.gov/registered-apprenticeship/. Information about regulation and licensure under the Board for Barbers and Cosmetology can be obtained by contacting the Board Office at (804) 367-8590.
Employer Use of Employee Social Security Numbers:
New legislation limits employers from using employee Social Security numbers as identifying information on certain employer-issued records. Senate Bill 1040 amends the Code of Virginia to add § 40.1-28.7:10. This statute prohibits an employer from using an employee’s Social Security number, or any derivative thereof, as an employee identification number or as part of an identification card or badge, access card or badge, or any other similar employer-issued card or badge.
The legislation also delegates enforcement of the statute to the Commissioner of DOLI. DOLI will investigate complaints brought upon by employees alleging improper use of their Social Security number. Employers found in violation of the statute shall be subject to a civil penalty for each violation found. DOLI may also petition a circuit court for injunctive relief in the event that an employer fails to remedy their improper usage of employee Social Security numbers.
Unpaid Organ Donation Leave:
New legislation requires employers within the Commonwealth, including the Commonwealth, its agencies, and its political subdivisions, to provide unpaid organ donation leave to eligible employees. Senate Bill 1086 amends the Code of Virginia to add §§ 40.1-33.7 through 40.1-33.12. These statutes create the requirement that employers provide eligible employees with up to 60 business days of unpaid organ donation leave to serve as an organ donor and up to 30 business days of unpaid organ donation leave to serve as a bone marrow donor.
To be considered eligible, an employee must have been employed for at least a 12-month period and 1,250 hours during the previous 12 months from the date that the leave period begins. The employee must also provide written physician verification to the employer that they are a donor and that there is a medical necessity for the donation. Employers may not consider an employee’s use of unpaid organ donation leave a break in continuous service with respect to the accrual of employee benefits or the continuation of an employer-provided health benefit plan. An employer is also prohibited from retaliating against an employee for requesting or exercising their rights to unpaid organ donation leave or alleging their rights to unpaid organ donation leave were violated.
The change also delegates enforcement of the unpaid organ donation leave requirement to the Commissioner of DOLI. DOLI will investigate complaints brought upon by employees alleging a violation of their statutory rights and attempt to mediate resolution between the employer and employee. Employers found in violation of the statute may also be subject to a civil penalty. General information about living organ donation can be obtained by contacting the Virginia Transplant Council dba Donate Life Virginia at (866) 823-6667.
Minimum Wage Exemption Removed for Certain Workers with Disabilities:
Coverage extended to workers in Virginia under the Virginia Minimum Wage Act will be amended by House Bill 1924. The legislation amends the existing exemption under § 40.1-28.9 Code of Virginia for any person who is paid pursuant to 29 U.S.C. §214(c) of the Fair Labor Standards Act of 1938, as amended.
Individuals employed under Section 14(c) Certificates issued by the United States Department of Labor’s Wage and Hour Division will no longer be exempt from the Virginia Minimum Wage Act if such certificate was issued on or after July 1, 2023. Individuals employed under certificates issued prior to July 1, 2023 will continue to be exempt from the Virginia Minimum Wage Act pending the second enactment of House Bill 1924 on July 1, 2030.
About the Agency:
It is the mission of the Virginia Department of Labor and Industry (DOLI) to make Virginia a better place in which to work, live, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace, including the new legislation referenced above. Additional information about coverage and requirements under the new legislation can be obtained by contacting the Division’s Payment of Wage Unit at (804) 786-2706 or at laborlaw@doli.virginia.gov.
