Virginia
For Virginia, test type is common-law; test scope is wage-and-hour; statutory citation is Va. Code § 40.1-28.7:7; key exemptions is a hiring party providing an individual with personal protective equipment in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared; misclassification penalty is liable to the aggrieved individual for the applicable remedies, damages, or other relief available, recorded from its source on 2026-08-18.
- state
- Virginia verified
- test type
- common-law our reading
- test scope
- wage-and-hour our reading
- statutory citation
- Va. Code § 40.1-28.7:7 our reading
- key exemptions
- a hiring party providing an individual with personal protective equipment in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared verified
- misclassification penalty
- liable to the aggrieved individual for the applicable remedies, damages, or other relief available verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
In a proceeding under subsection B, an individual who performs services for a person for remuneration shall be presumed to be an employee of the person that paid such remuneration, and the person that paid such remuneration shall be presumed to be the employer of the individual who was paid for performing the services, unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines.
— law.lis.virginia.gov, retrieved 2026-08-18
Source
- law.lis.virginia.govhttps://law.lis.virginia.gov/vacode/title40.1/section40.1-28.7:7/