VA HB238

Expands the definition of "employer" to align with federal Fair Labor Standards Act standards (29 U.S.C. § 203) and broadens "wages" to include hourly wages, overtime, tips, bonuses, commissions, and damages from worker misclassification.

Strengthens worker misclassification protections by creating a presumption that individuals performing services for remuneration are employees unless proven to be independent contractors under IRS guidelines, with a three-year statute of limitations for claims.

Establishes joint and several liability for general contractors and subcontractors for unpaid wages to employees at any tier on construction projects exceeding $500,000, removing the previous requirement to prove the general contractor knew about the wage violations.

Enhances whistleblower protections by extending the statute of limitations from one to two years, allowing punitive damages for malicious or willful violations, and permitting the Commissioner of Labor and Industry or Attorney General to bring enforcement actions.

Authorizes the Attorney General and Commissioner of Labor and Industry to investigate and bring civil actions for violations of prevailing wage requirements and wage payment laws.