New Bill in Virginia Defines Sales Commissions as Wages, Retroactivity Not Included

New Bill in Virginia Defines Sales Commissions as Wages, Retroactivity Not Included

The critical legislative battle continues unfolding in the Virginia General Assembly, as lawmakers move to close a legal loophole that has left the Commonwealth’s vast sales force vulnerable to wage theft. House Bill 238, introduced during the 2026 legislative session, has officially advanced through the House of Delegates with a 64-35 vote and is now headed to the Senate Committee on Commerce and Labor. The urgency follows a December 30, 2025, ruling by the Virginia

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Act Now: Virginia Sales Commissions Are No Longer Protected

Act Now: Virginia Sales Commissions Are No Longer Protected

Salespeople in Virginia are in trouble. Due to a recent Virginia Supreme Court decision, sales commissions in Virginia are no longer considered wages under the Virginia Wage Payment Act. The decision is a jolt to any salesperson with a commission plan that falls under Virginia law, as it removes the primary means of full recovery, and it ends substantial employer penalties for withholding earned but unpaid commissions. The decision rips the teeth from the statute

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