The General Assembly at its Regular Session of 1968 directed the Virginia Code Commission, by Chapter 679 of the .Acts of that Session, to revise certain titles of the Code of Virginia, including Title 40, relating to "Labor and Employment."

Hugh Reid Thompson, Jr., Esquire, of the Richmond City Bar, was retained as the Commission's general counsel for these undertakings.

The Virginia Code Commission examined the provisions of this Title in detail and consulted officials of the State agencies interested in and affected by this Title. The Commission met with Counsel on several occasions, and discussed in detail changes recommended by members of the Commission, by Counsel and by such officials.

As a result of its efforts, the Commission has caused Counsel to prepare a draft of revision of Title 40 in the usual form, i.e., a bill suitable for introduction at the 1970 Session of the General Assembly of Virginia, together with a Table of Contents and a Table of Comparable Sections. Source references and appropriate notes follow each section of the text.

The draft purports to reflect the Commission's careful consideration of all recommendations and suggestions either brought to its attention or resulting from its own observations, inquiries and deliberations. It incorporates, among others, the following changes:

First - the repeal of Title 40 and the enactment in lieu thereof of Title 40.1.

Second - a general renumeration of the sections.

Third - the amendment of a number of sections in which certain provisions are ambiguous, redundant, obsolete, poorly expressed or contain words or phrases elsewhere redefined.

Fourth - the deletion of a number of sections, the provisions of which are obsolete, ambiguous, redundant or are incorporated into some other section.

The basic arrangement of chapters remains undisturbed and there is no change in the sequence of articles.

The text of Title 40.1 as prepared by Counsel purports to conform to the instructions and desires expressed by the Virginia Code Commission at its several meetings. Relying heavily upon established policies and procedures of the Commission, counsel has attempted to have the text of Title 40.1 reflect the Commission's judgment, both expressed and implied, in both form and substance.

Representative changes appearing in this revision are:

In § 40.1-2 (§ 40-1.1) the obsolete and redundant phrase "Commissioner of Labor" is deleted, the Commissioner's title now being "Commissioner of Labor and Industry" and all other prior references to "Commissioner of Labor" having been deleted from Title 40.l.

In subsection (2) of § 40.1-6 (§ 40-4) a word change recognizes that the Commissioner of Labor and Industry does not himself prosecute violations but causes them to be prosecuted.

In subsection ( 5) of § 40.1-6 (§ 40-4) the language is changed in several places to recognize that "representatives" of the Commissioner includes "investigators" and "assistants."

In § 40.1-7 (§ 40-5) the word "assistants" is changed to "representatives" for the reason given in the preceding paragraph.

§ 40.1-13 (§ 40-9.2) is somewhat shortened by deleting the transition provisions which are now obsolete. However, a change, which may be considered other than technical, appears in this section, the amount of the license fee therein mentioned being .increased from $10.00 to $50.00.

In § 40.1-22 (§ 40-20) the words "of Labor and Industry" which followed the word "Commissioner" have been deleted as redundant. According to the definitions in § 40.1-2, the word "Commissioner" is given this meaning throughout the title. Similar conforming changes have been made throughout the title and will not again be detailed in this report. In subsection (2) of the same section, the language has been substantially revised, without substantive change, to eliminate now-obsolete transition language.

In § 40.1-23 (§ 40-20.1) the words "such rules and regulations" are changed to read "any such rule or regulation" to eliminate the possibility of misconstruction; the sub-paragraph being applicable to individual violations of the rules and regulations.

In § 40.1-25 (§ 40-20.3) there has been a slight reduction in wordage with no substantive change.

In § 40.1-49 (§ 40-61.3) the words "any rule or regulation" have been substituted for the words "such rules or regulations" for the reasons given above with respect to § 40.1-23.

In § 40.1-78 (§ 40-96.1) certain obsolete language has been deleted for technical reasons. For a further explanation, see the note following § 40.1-78.

In subsection (4) of § 40.1-80 (§ 40-97), the time until which fourteen- and fifteen-year old children may be employed in the evening between June 1 and September 1 is changed from 9:30 to 10:00 o'clock to resolve an inconsistency with § 40.1-87 (§ 40-100.3).

In §§ 40.1-89 (§ 40-100.5) and 40.1-92 (§ 40-101) there are conforming changes similar to those explained above.

In § 40.1-93 (§ 40-102), the provisions of subsection ( 1) are excepted from operation as provided under general exemption § 40.1-79 (§ 40-96.1) rather than "on farms or orchards or in gardens."

In § 40.1-96 (§ 40-105) there is a substituted exception similar to that made in § 40.1-93.

In § 40.1-98 (§ 40-107) the period of validity of an employment certificate is increased from twelve to twenty-four months to resolve a conflict heretofore existing between the provisions of this section and the provisions of § 40.1-95 (§ 40-104).

In § 40.1-107 (§ 40-116) the words "after twenty-four months from the date" are substituted for the words "annually on the anniversary date" to conform with § 40.1-95.

Chapter 7 (§§ 40-133 to 40-146) of Title 40, relating to now-obsolete "Master and Apprentice" practices, is deleted in its entirety. It should be observed, however, that the voluntary apprenticeship provisions of Chapter 6 (§§ 40-123 to 40-132) of Title 40 are retained as Chapter 6 (§§ 40.1-117 to 40.1-126) of Title 40.1.

RECOMMENDATIONS

The Commission considers the accompanying draft of Title 40.1 as a substantial improvement over the present Title 40 and recommends its introduction at the 1970 Session of the General Assembly.

The Commission wishes to express appreciation for the valuable assistance rendered by Counsel in the preparation of this Revision, and for the cooperation of the officials of the State agencies affected by this Title.

Respectfully submitted,

A. L. Philpott, Chairman
William H. Hodges, Vice-Chairman
G. M. Lapsley, Secretary
Frederick T. Gray
John Wingo Knowles
Robert D. Mcllwaine, III
W. Carrington Thompson