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Wage Theft in VIrginia
General contractors can be liable for subcontractors not paying their employees. Virginia law gives these employees a private right of action to sue their employers, both the subcontractor and the contractor, for unpaid wages. If a subcontractor does not pay their employees, the general contractor is jointly and severally liable with the subcontractor for the unpaid wages. The subcontractor should then indemnify the contractor for fees owed as a result of its failure to pay. Recovery can include wages, 8% interest, and treble damages. For knowing violations there is even a potential for criminal penalties and the awarding of attorney’s fees.
