Virginia Minimum Wage
Obenshain successfully prevented all increases to the Virginia minimum wage until 2009, when the Federal Minimum Wage increased to $7.25, and the state was forced to match it.
A decade later, the Virginia minimum wage remained at $7.25. In 2019, SB1200 proposed a gradual increase to $15.00 per hour. After declining an offer to make the changes over a five-year period rather than three years, Obenshain led the charge to defeat the bill.
Watch the floor debate here and see the final vote here
When the Democratic-majority Senate took up the minimum wage issue in 2020, SB7 resumed the discussion of a minimum wage increase. The new bill included significant modifications to address concerns from the business community. Obenshain still voted no. Obenshain lost the vote.
Disabled Workers
Virginia was one of many states with old laws allowing businesses to pay some disabled workers well below minimum wage. In Virginia, it was $3.00 an hour. These laws date back to the 1940s when attitudes toward persons with disabilities were quite different. Many states are rescinding them.
In the House of Delegates, the vote to overturn this law was unanimous – yes, all Republican Delegates supported righting this wrong. In the Senate, Obenshain first voted NO to sending the bill to the floor for a vote and then voted NO on the legislation. He was one of only 18 members of the entire General Assembly (140 members) to oppose this bill.
Unions
Right to Work laws have come under increasing threat from workers demanding the right to organize to negotiate with employers. In 2016, Obenshhain introduced SB446, which promoted a Constitutional Amendment to put the Right to Work policies into the Constitution. That amendment would make it far more difficult for Virginians to join the nationwide movement for more balanced power relationships between workers and employers. The voters in Virginia rejected the amendment by a fair margin (53.6%–46.3%).
Educational Moment: It is not easy to change the constitution in Virginia. There are many ways to prevent amendments from reaching voters for a referendum. This article provides helpful information about this aspect of Virginia governance. Obenshain is very adept at keeping Constitutional Amendments off the ballot.
Sick Leave
In 2020, SB481 was introduced to require employers with 15 or more employees to provide paid sick leave for any employee working 30 or more hours per week. Even after the threshold was raised to 25 employees, Obenshain voted to prevent discussion of the bill by the full Senate. When it did come to a vote, Obenshain voted NO. The bill eventually died in the Senate.
In the 2021 Special Session, the Senate took up HB2137, which eventually passed with significant restrictions. This was specifically to provide home health workers with paid sick leave. Obenshain did everything he could to block it from coming to the floor and voted NO when it did go up for a vote. The bill passed.
In 2023, SB886 proposed paid sick leave for grocery store employees and home health workers. Obenshain voted NO to sending it to the floor for debate and NO again when it was voted on. The bill died in the House of Delegates.
Not providing sick leave for workers handling our food and caring for our vulnerable family members endangers everyone. This is about more than workers’ rights; it is about public health.
Abusive Employers
Employers who break employment laws harm their workers. They also harm honest businesses that follow the laws. Holding them to account and making them pay for their crimes is in the interests of everyone.
In 2020, the Senate took up SB 838 to allow employees who experienced wage theft to sue their employer for redress. Obenshain first attempted to block the bill from consideration on the Senate floor by voting NO in the committee. Then, he voted NO when it went to a final vote.
The bill passed and was signed into law.
Some employers misclassify workers as contractors when they, in fact, meet all of the criteria for benefits as an employee. This form of abuse has increased in the gig economy. In 2020, Senator Saslaw introduced SB894 to allow employees to sue an employer who misclassified them. Once again, Obenshain voted NO to sending the bill to the floor for debate and a full vote. Then, he voted NO on the bill.
It passed and was signed into law – benefitting workers and honest employers.
Real Mark Obenshain 