New Vosh Policy Effective July 1, 2015 to Prevent Worker Misclassification

Effective July 1, 2015, the Virginia Department of Labor and Industry will implement a new Occupational Safety and Health (VOSH) policy to combat misclassification of workers. Misclassification occurs when an employer improperly classifies a worker as an independent contractor who should in fact be an employee.

According to a public service announcement from the Department: "Misclassification of workers as independent contractors constitutes payroll fraud, and denies hard-working Virginia employees of basic legal protections such as workers' compensation, family and medical leave, and unemployment insurance. Misclassification also cheats those honest employers and contractors who properly classify employees, since employers who misclassify can undercut their bids due to lower operating costs."

During a VOSH workplace inspection, if the Department has reasonable cause to believe that worker misclassification has occurred, the following actions will normally be taken:

A copy of the new policy and education and outreach materials can be found at:

Spotts Fain publications are provided as an educational service and are not meant to be and should not be construed as legal advice. Readers with particular needs on specific issues should retain the services of competent counsel.


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