On March 21, 2023, Virginia Governor Glenn Youngkin signed SB 1040 into law. The new law, which goes into effect on July 1, 2023, prohibits employers from using an employee’s social security number or any derivative thereof as the employee’s identification number or including such number or derivative thereof on any identification badge, any access card or badge, or any similar card or badge issued to the employee.

Any employer that knowingly violates the law will be subject to a civil penalty not to exceed $100 for each violation. The Commissioner of Labor and Industry will notify any employer that he alleges has violated any provision of the law by certified mail. Within 15 days of receipt of the notice of the alleged violation, the employer may request an informal conference regarding such violation.

In determining the amount of any penalty to be imposed, the Commissioner will consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner will be final. Civil penalties under the law will be assessed by the Commissioner and paid to the Literary Fund.

The law also gives the Commissioner or their authorized representative the right to petition a circuit court for injunctive or such other relief as may be necessary for the enforcement of the law.