Code of Virginia - Title 40.1 Labor And Employment - Chapter 3 Protection Of Employees

40.1-22 Safety and Health Codes Commission continued as Safety and Health Codes Board
(1) The Safety and Health Codes Commission is continued and shall hereafter be known as the Safety and Health Codes Board. The Board shall consist ...
40.1-22.1 Governor authorized to enter certain agreements
The Governor of Virginia is hereby authorized to enter into: 1. Such agreements with the United States Occupational Safety and Health Administration as are necessary ...
40.1-23 through 40.1-25.1
Repealed by Acts 1988, c. 340, effective January 1, 1989. ...
40.1-26 Description unavailable
Repealed by Acts 1979, c. 631. ...
40.1-27 Preventing employment by others of former employee
No person doing business in this Commonwealth, or any agent or attorney of such person after having discharged any employee from the service of such ...
40.1-27.1 Discharge of employee for absence due to work-related injury prohibited
It shall be an unfair employment practice for an employer who has established an employment policy of discharging employees who are absent from work for ...
40.1-28 Unlawful to require payment for medical examination as condition of employment
It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the ...
40.1-28.1 through 40.1-28.4:1
Repealed by Acts 2005, c. 823, effective July 1, 2005. ...
40.1-28.5 Description unavailable
Repealed by Acts 2004, c. 608. ...
40.1-28.6 Equal pay irrespective of sex
No employer having employees shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages ...
40.1-28.7 Description unavailable
Repealed by Acts 1985, c. 421. ...
40.1-28.7:1 Genetic testing or genetic characteristics as a condition of employment
A. No employer shall: 1. Request, require, solicit or administer a genetic test, as defined in § 38.2-508.4, to any person as a condition of ...
40.1-28.7:2 Employers to allow crime victims leave to attend criminal proceedings.
A. As used in this section: "Criminal proceedings" means a proceeding at which the victim has the right or opportunity to appear involving a crime ...
40.1-28.8 Short title
This article shall be known as the Virginia Minimum Wage Act. (1975, c. 530.) ...
40.1-28.9 Definition of terms
As used in this article: A. "Employer" includes any individual, partnership, association, corporation, business trust, or any person or groups of persons acting directly or ...
40.1-28.10 Minimum wages
Every employer shall pay to each of his employees wages at a rate not less than the federal minimum wage and a training wage as ...
40.1-28.11 Penalties
Whoever knowingly and intentionally violates any provisions of this article shall be punished by a fine of not less than $10 nor more than $200. ...
40.1-28.12 Employee's remedies
Any employer who violates the minimum wage requirements of this law shall be liable to the employee or employees affected in the amount of the ...
40.1-29 Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeit...
A. 1. All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall ...
40.1-30 Registration of certain nonresident employers with Department
(a) Any employer domiciled without this Commonwealth and performing any demolition, excavation, installation, paving, repair, maintenance, erection or construction work within this Commonwealth for a ...
40.1-31 Assignment of wages and salaries; requirements
No assignment, transfer, pledge or hypothecation of wages or salary due or to become due to any person shall be valid and enforceable against any ...
40.1-32 Partial assignments invalid
No partial assignment of wages shall be enforceable at law or in equity; provided, however, that an assignment of all wages over and above the ...
40.1-33 Certain assignments not affected
The two preceding sections (§§ 40.1-31, 40.1-32) shall not be construed to apply to assignments of salaries, wages and income for the benefit of creditors ...
40.1-34 through 40.1-38
Repealed by Acts 1974, c. 272. ...
40.1-39 Description unavailable
Repealed by Acts 1979, c. 354. ...
40.1-40 Description unavailable
Repealed by Acts 1985, c. 449. ...
40.1-41 through 40.1-43
Repealed by Acts 1979, c. 354. ...
40.1-44 Description unavailable
Repealed by Acts 1973, c. 425. ...
40.1-44.1 Rules and regulations relating to tramways and other hauling and lifting devices
(a) The Safety and Health Codes Board in the adoption of rules and regulations under this title shall adopt such reasonable rules and regulations as ...
40.1-45 through 40.1-48
Repealed by Acts 1979, c. 354. ...
40.1-49 Description unavailable
Repealed by Acts 1973, c. 425. ...
40.1-49.1 Description unavailable
Repealed by Acts 1976, c. 607. ...
40.1-49.2 Description unavailable
Repealed by Acts 1979, c. 354. ...
40.1-49.3 Definitions
For the purposes of §§ 40.1-49.4, 40.1-49.5, 40.1-49.6, 40.1-49.7, and 40.1-51.1 through 40.1-51.3 the following terms shall have the following meanings: "Commission" means the Virginia ...
40.1-49.4 Enforcement of this title and standards, rules or regulations for safety and health; orders of Comm...
A. 1. If the Commissioner has reasonable cause to believe that an employer has violated any safety or health provision of Title 40.1 or any ...
40.1-49.5 Appeals to Court of Appeals
Appeals shall lie from the order of the circuit court to the Court of Appeals in a manner provided by § 17.1-405 and the rules ...
40.1-49.6 Same; attorneys for Commonwealth
A. In any proceeding pursuant to the enforcement of the safety and health provisions of Title 40.1, the attorneys for the Commonwealth are hereby directed ...
40.1-49.7 Same; publication of orders
The Commissioner of Labor shall be responsible for the printing, maintenance, publication and distribution of all final orders of the circuit courts. Every attorney for ...
40.1-49.8 Inspections of workplace
In order to carry out the purposes of the occupational safety and health laws of the Commonwealth and any such rules, regulations, or standards adopted ...
40.1-49.9 Issuance of warrant
Administrative search warrants for inspections of workplaces, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued by any judge ...
40.1-49.10 Duration of warrant
Any administrative search warrant issued shall be effective for the time specified therein, but not for a period of more than fifteen days, unless extended ...
40.1-49.11 Conduct of inspection, testing, or collection of samples for analysis
No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically ...
40.1-49.12 Review by courts
A. No court of the Commonwealth shall have jurisdiction to hear a challenge to the warrant prior to its return to the issuing judge, except ...
40.1-50 Description unavailable
Repealed by Acts 1985, c. 449. ...
40.1-51 State Health Commissioner to provide advice and aid; rules and regulations
A. The State Health Commissioner shall be responsible for advising and providing technical aid to the Commissioner on matters pertaining to occupational health on request. ...
40.1-51.1 Duties of employers
A. It shall be the duty of every employer to furnish to each of his employees safe employment and a place of employment which is ...
40.1-51.1:1 Description unavailable
Repealed by Acts 1979, c. 354. ...
40.1-51.2 Rights and duties of employees
(a) It shall be the duty of each employee to comply with all occupational safety and health rules and regulations issued pursuant to this chapter ...
40.1-51.2:1 Discrimination against employee for exercising rights prohibited
No person shall discharge or in any way discriminate against an employee because the employee has filed a safety or health complaint or has testified ...
40.1-51.2:2 Remedy for discrimination
A. Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of § 40.1-51.2:1 may, ...
40.1-51.3 Duties of health and safety inspectors
(a) It shall be the duty of all safety and health inspectors to inspect all places of business covered by the State Plan developed in ...
40.1-51.3:1 Penalty for giving advance notice of safety or health inspection under this title
Any person who gives advance notice of any safety or health inspection to be conducted under the provisions of this title without authority of the ...
40.1-51.3:2 Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible i...
In the trial of any action to recover for personal injury or property damage sustained by any party, in which action it is alleged that ...
40.1-51.4 Description unavailable
Repealed by Acts 1979, c. 354. ...
40.1-51.4:1 Confidentiality of trade secrets
All information reported to or otherwise obtained by the Commissioner or his authorized representative in connection with any inspection or proceeding under this title which ...
40.1-51.4:2 Penalty for making false statements, etc
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be ...
40.1-51.4:3 Prohibition of use of certain questions on polygraph tests for employment
No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee's sexual activities ...
40.1-51.4:4 Prohibition of use of polygraphs in certain employment situations
A. As used in this section, the term "lie detector test" means any test utilizing a polygraph or any other device, mechanism or instrument which ...
40.1-51.4:5 Immunity of employees for reporting threatening conduct
A. Any employee who, in good faith with reasonable cause and without malice, truthfully reports threatening conduct by a person employed at the same workplace ...

Last modified: April 3, 2009