Page 199 - An Indispensible Resource for Being a Credible Activist

claim may not appear before any other process available to the employee. The grievance
shall be brought to the Superior Court within 180 days of the date of the alleged retaliatory
action. Through the Superior Court, the employee may be reinstated to the same position,
seniority, and work location held prior to the retaliatory action, as well as to the same back
pay, lost wages, benefits, and other remuneration. In the event of a showing of a willful and
egregious violation of this legislation, the employee may be granted an amount up to the
amount of back pay, in addition to the actual back pay and other compensatory damages,
including interest on back pay, appropriate injunctive relief, and reasonable costs and attor-
neys’ fees.

VIRGINIA

Child labor. The State Code was amended and now prohibits a minor who is under 18 years
of age from being employed, or suffered or permitted to work, as a driver of school buses.
Immigrant protections. The State Code regarding the involuntary termination of corpo-
rate existence was amended. The existence of a company may now be terminated involun-
tarily by order of the State Company Commission when it finds that the company has been
convicted of a violation of eight U.S.C. Section 1342A(f), as amended, for actions of its offi-
cers and directors constituting a pattern or practice of employing unauthorized aliens in the
Commonwealth. Any company convicted of such an offense shall immediately report such
conviction to the commission and file with the commission an authenticated copy of the
judgment or record of conviction. Certificates revoked for such cause shall be ineligible
for reentry for a period of not less than one year. The same penalty may be invoked against
foreign companies, a business trust, or a limited-liability company convicted of such a
violation.
Inmate labor. The circuit court of any county or city may allow persons confined in the
county or city jail who are awaiting disposition of, or serving sentences imposed for, mis-
demeanors or felonies to work on a voluntary basis on State, county, city, or town property
or any property owned by a nonprofit company that is organized and operated exclusively
for charitable or social welfare purposes and is exempt from taxation under U.S. Code
501(c)(3). These individuals also may work on private property that is part of a community
improvement project sponsored by a locality or that has structures which are found to be
public nuisances, provided that the court has reviewed and approved the project for such
purposes and permits the prisoners to work on such project or any private property utilized
by a nonprofit company that is, again, exempt from taxation under U.S. Code 501(c)(3).
Minimum wage. Because of requirements included in legislation previously enacted,
the State minimum wage was increased to $6.55 per hour on July 24, 2008.
Off-site work. The State has established the State Office of Telework Promotion and
Broadband Assistance in the office of the State secretary of technology. The goals of the
office are to encourage teleworking as a family-friendly, business-friendly public policy that
promotes workplace efficiency and reduces strain on transportation infrastructure. The
office shall work with public and private entities to develop widespread access to broadband
services and shall promote and encourage the use of telework alternatives for public and

182 The H R Toolkit