December 2022

State Updates

 

Virginia expands requirements for wage statements

02/06/20

Author: ADP Admin/Monday, February 3, 2020/Categories: Compliance Corner , State Compliance Update, Virginia

Virginia has enacted legislation (House Bill 2664) that will require employers to provide a written wage statement to employees each payday. House Bill 2664 took effect Jan. 1, 2020.


Background:

Under existing law, an employer is only required to provide a written statement of the employee's gross wages and any deductions if an employee requests it.


House Bill 2664

House Bill 2664 requires that on each regular pay date, employers provide each employee a written statement, by a paystub or online accounting, that shows:

·       The name and address of the employer;

·       The number of hours worked in the pay period;

·       The rate of pay;

·       The gross wages earned during the pay period; and

·       The amount and purpose of any deductions from gross wages.

This requirement applies to all employers except agricultural employers, who are required to provide a written statement of the employee's gross wages and any deductions upon an employee's request.


Update:
The Virginia Department of Labor and Industry (DOLI) recently clarified that employers must provide the number of hours worked on wage statements to all employees, not just non-exempt workers. This means that exempt workers' hours (including salaried, piecework employees, or any other workers who aren't traditionally paid on an hourly basis) must be reported on their pay stub. However, the Virginia DOLI will not enforce the requirement for exempt and piecework employees until July 1, 2020.


Compliance recommendations:

Virginia employers should ensure compliance with House Bill 2664 by January 1, 2020, and the total hours worked provision by July 1, 2020. Please contact your dedicated service professional with any questions.

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