2010 2010 General General

Assembly Assembly SessionSession

Susan M. BatteSusan M. BatteAdministrative Law JudgeAdministrative Law Judge

Virginia Employment Virginia Employment CommissionCommission

OverviewOverview

11 bills and 2 study resolutions introduced 11 bills and 2 study resolutions introduced impacting VECimpacting VEC

All but one concerned the UI programAll but one concerned the UI program

Involved seasonal workers, overpayments, Involved seasonal workers, overpayments, expanding benefit entitlement, worker expanding benefit entitlement, worker misclassification, and the minimum earnings misclassification, and the minimum earnings requirementrequirement

Only 3 bills passedOnly 3 bills passed

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Legislation EnactedLegislation Enacted

HB 535 – Deferred the increase in the HB 535 – Deferred the increase in the minimum two-quarter earnings requirement minimum two-quarter earnings requirement to July of 2011to July of 2011

HB 550 – Authorized VEC to recover HB 550 – Authorized VEC to recover administrative error overpayments by administrative error overpayments by repayment agreementrepayment agreement

HB 760 – Created a Veterans Skills data HB 760 – Created a Veterans Skills data basebase

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Legislation that FailedLegislation that FailedSeasonalitySeasonality

HB 177 – Would classify tax preparers as HB 177 – Would classify tax preparers as seasonal employees under certain seasonal employees under certain circumstances; failed in House circumstances; failed in House subcommitteesubcommittee

HB 178 – Would treat employee as seasonal HB 178 – Would treat employee as seasonal if informed in writing job was seasonal and if informed in writing job was seasonal and would end on date certain; bill withdrawn would end on date certain; bill withdrawn by patron because it violated federal lawby patron because it violated federal law

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Legislation that FailedLegislation that FailedBenefit ExpansionBenefit Expansion

Multiple bills introduced that, if enacted, Multiple bills introduced that, if enacted, would allow Virginia to receive $125 million would allow Virginia to receive $125 million in federal stimulus funds to pay benefitsin federal stimulus funds to pay benefits

The two principal bills were HB 647 and SB The two principal bills were HB 647 and SB 239239

HB 647 was defeated in House HB 647 was defeated in House subcommitteesubcommittee

SB 239 passed the Senate but was defeated SB 239 passed the Senate but was defeated in a House subcommitteein a House subcommittee

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Benefit ExpansionBenefit Expansion

HB 647 proposed to allow benefits to HB 647 proposed to allow benefits to individuals who were exclusively part-time, individuals who were exclusively part-time, and to individuals in certain job training and to individuals in certain job training programsprograms

SB 239 would allow benefits to individuals SB 239 would allow benefits to individuals who quit work for compelling family reasons who quit work for compelling family reasons and who were enrolled in certain job and who were enrolled in certain job training programstraining programs

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Bills Referred for Bills Referred for StudyStudy

HB 252 – Waiver of overpayments due to HB 252 – Waiver of overpayments due to agency error. Will be studied by agency error. Will be studied by legislature’s Commission on Unemployment legislature’s Commission on Unemployment CompensationCompensation

SB 34 – Worker Misclassification – Study SB 34 – Worker Misclassification – Study committee not yet appointed under Senate committee not yet appointed under Senate rulesrules

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Study ResolutionsStudy Resolutions

HJ 23 – Effectiveness of deputy HJ 23 – Effectiveness of deputy adjudications – will be studied by U. C. adjudications – will be studied by U. C. CommissionCommission

HJ 49 – Overpayments – study undertaken by HJ 49 – Overpayments – study undertaken by APA Auditors as part of their annual audit of APA Auditors as part of their annual audit of the VECthe VEC

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ConclusionConclusion

Questions and answersQuestions and answers

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