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Subcommittee advances technical fix to make wage-protection law clearly apply to school employees
Summary
Lawmakers voted to report HB 2,098 with a substitute after testimony that statutory language and a circuit court decision created uncertainty about whether school employees could recover withheld wages; the substitute was approved 5–2.
The subcommittee considered HB 2,098, a technical amendment intended to clarify that existing Virginia wage-protection statutes apply to school employees, and voted to report the bill with a substitute by a 5–2 vote.
Sponsor Delegate Maldonado said the bill updates statutory language to correct two technical issues raised by school attorneys and a Southampton circuit court decision that had led some local school boards to argue they were not covered by the wage-protection statute unless the Department of Labor and Industry first adopted regulations. The bill aims to ensure school employees have the same remedies as private-sector workers when wages already earned are wrongfully withheld.
Kathy Lee, general counsel for the Virginia Education Association, and Craig Kerwood, an employment lawyer representing workers, urged support, saying the current statutory drafting created confusion and left public employees without clear judicial remedies to recover wages.
Committee action: The subcommittee approved a motion to report the bill with a substitute and then voted 5–2 to report HB 2,098 as substituted.
Why it matters: The measure is intended to remove a technical barrier that some school systems had used to deny overtime or wage-protection claims by public employees; supporters said the fix simply enforces legislative intent and aligns remedies across sectors.
