HB 5: Mandatory Paid Sick Leave; Civil Penalties
🔴 THREAT LEVEL: HIGH
BILL SNAPSHOT
Bill Number: HB 5
Bill Patron: Del. Kelly K. Convirs-Fowler
Issue Area: Employment Law / Small Business / Workforce Regulation
Who It Will Impact: Small and mid-sized employers across Virginia
QUICK SUMMARY
HB 5 mandates paid sick leave for nearly all employees in Virginia, and authorizes the Commissioner of Labor and Industry to enforce compliance through regulations. It requires one hour of paid sick leave for every 30 hours worked for all private-sector employees and state and local government employees.
RALLY ANALYSIS
HB 5 represents a sweeping government mandate that replaces employer flexibility with rigid, statewide rules.
While paid sick leave is a benefit many employers already offer, HB 5 forces a single model on every business, regardless of size, industry, workforce structure, or economic conditions.
The bill imposes significant administrative burdens, especially on small businesses that lack HR departments. Employers must track accrual, usage, transfers, successor liability, and regulatory compliance — all under threat of penalties and lawsuits.
Most concerning, HB 5 creates a new enforcement pipeline: (1) state-initiated penalties; (2) government-led enforcement actions; and (3) private lawsuits with double damages.
WHY THIS MATTERS
- Hits small businesses hardest, not large corporations
- Creates complex record-keeping mandates
- Encourages lawsuits and double-damage claims
- Hurts the employee because of shorter hours and limited opportunities
RALLY VERDICT: ❌ OPPOSE
HB 5 replaces flexibility with mandates, trust with penalties, and cooperation with litigation. It adds costs, paperwork, and legal risk at a time when small businesses are already stretched thin and employees are struggling.
Rally Radar urges legislators to vote NO on HB 5.
RALLY RADAR — THREAT LEVEL LEGEND
⚫ CRITICAL THREAT — Immediate and severe harm; must be stopped
🔴 HIGH THREAT — Serious risk to safety, liberty, or governance
🟡 MODERATE THREAT — Concerning but limited scope
🟢 LOW THREAT — Minimal impact or symbolic
