Virginia legislation · 2026 Regular Session
Virginia SB28: An Act to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees; domestic workers.
Status: Chaptered, April 22, 2026
Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2028, and its provisions do not become effective unless reenacted by the 2027 Session of the General Assembly. This bill is identical to HB 27.
What the bill says
An Act to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees; domestic workers. [S 28] Approved April 22, 2026 1. That § 40.1-29.3 of the Code of Virginia is amended and reenacted as follows: § 40.1-29.3. Overtime for certain employees. A. As used in this section: "Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq. "Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative c.
From the enrolled text, April 22, 2026:
An Act to amend and reenact § 40.1-29.3 of the Code of Virginia, relating to overtime for certain employees; domestic workers. [S 28] Approved April 22, 2026 1. That § 40.1-29.3 of the Code of Virginia is amended and reenacted as follows: § 40.1-29.3. Overtime for certain employees. A. As used in this section: "Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq. "Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier. "Domestic services" means services of a household nature performed by an individual in or about a private home on a permanent or temporary basis. "Domestic services" includes caring for a child, serving as a companion or caretaker for an elderly individual or an individual with an illness or disability, housekeeping or house cleaning, cooking, providing food or butler services, parking vehicles, cleaning laundry, gardening, and organizing personal affairs for an employer. "Domestic worker" means an hourly or salaried employee, independent contractor, or full-time or part-time worker who provides domestic services for one or more employers. "Domestic worker" does not include (i) any employee providing consumer-directed services under Title XIX of the Social Security Act, 42 U.S.C. …