A Senate committee on Monday killed a bill that would have established workplace protections for warehouse employees, including from being disciplined for using the bathroom.
Two Democrats — Sens. Dave Marsden (D-Fairfax) and Jeremy McPike (D-Prince William) — sided with Republicans on the Commerce and Labor Committee to kill the bill for the second year in a row.
Sen. Jennifer Carroll Foy (D-Prince William) sponsored the proposal this year and during the 2024 legislative session.
“At the end of the day, we want everyone to be good stewards and operate in transparency, and do the right thing for their workers and all Virginians,” she said in an interview before the vote Monday.
The proposal defined warehouse employees as those “performing work or based at a warehouse distribution center.”
It would have required employers to provide written performance expectations to employees, disciplinary actions for not meeting them and notification of changes to performance standards at least two days prior to being updated.
It would also prohibit employees from being disciplined over using the bathroom.
Tens of thousands of Virginia workers are in the warehousing industry, according to the Bureau of Labor Statistics. While the statistics don’t distinguish among types of warehousing jobs, statewide over 50,000 workers manually “move freight, stock, luggage, or other materials, or perform other general labor.”
Another 70,000 “[r]eceive, store, and issue merchandise, materials, equipment, and other items from stockroom, warehouse, or storage yard to fill shelves, racks, tables, or customers’ orders.”
Industry lobbyists in Virginia spoke against the bill during the committee meeting, saying it was too broad and imposed a one-size-fits-all standard without enough specifics.
“I think the ultimate remedy is unionization. That way, people can collectively bargain for these worker provisions,” Carroll-Foy said in the interview Monday morning. “But until that happens, then it's our job as a legislative body to ensure our workers have safe working conditions and that their employers follow the law.”
In December at the Virginia Economic Summit & Forum on International Trade, the opening salvo of Virginia’s 2025 gubernatorial campaign focused on labor.
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— Gov. Youngkin arrives
Gov. Glenn Youngkin arrives to deliver his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Attorney General Miyares makes his way past a bust
Attorney General Jason Miyares arrives ahead of Gov. Glenn Youngkin’s State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Sens. Perry and Craig make their way past a statue to the House of Delegates
Senators Russet Perry, D-Loudoun, Christie New Craig, R-Chesapeake, and Sen. Jennifer Carroll Foy, D-Prince William, make their way to the House Chambers for Gov. Glenn Youngkin’s State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Sen Lucas and Lt. Gov. Earle-Sears get their photo taken by Sen. Stanley
Sen. Bill Stanley, R-Franklin County takes a picture of Sen. Louise Lucas, D-Portsmouth, with Lt. Gov. Winsome Earle-Sears, ahead of Gov. Glenn Youngkin’s State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— First Lady Youngkin smiles and waves
First Lady Suzanne Youngkin waves as she arrives for Gov. Glenn Youngkin’s State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Sergean at Arms Pearson annouces the arrival of the Governor
Sergeant at Arms Jay Pearson introduces Gov. Glenn Youngkin to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngking chats with Littel and Attorney General Miyares on the house floor
Gov. Glenn Youngkin chats with Chief of Staff John Littel and Attorney General Jason Miyares before his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin shakes hands with Sen. Lucas and Speaker Scott and Lt. Gov. Earle-Sears looks look
Gov. Glenn Youngkin shakes hands with Sen. Louise Lucas, D-Portsmouth, as Speaker of the House Don Scott Jr., D-Portsmouth and Lt. Gov. Winsome Earle-Sears look on before delivering his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Speaker Scott and Sen. Lucas look as Gov. Youngkin delivers remarks at a podium
Speaker of the House Don Scott Jr., D-Portsmouth listens along Sen. Louise Lucas, D-Portsmouth as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin shakes hands with Sen. Lucas and Speaker Scott and Lt. Gov. Earle-Sears looks look
Lt. Gov. Winsome Earle-Sears, left, listens along Speaker of the House Don Scott Jr., D-Portsmouth and Sen. Louise Lucas, D-Portsmouth, as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin is seen is a fractured glass as he delivers remarks with Lt. Gov. Earle Sears looking on
Lt. Gov. Winsome Earle-Sears looks on as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin gives a thumbs up as he delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Lt. Gov. Earle-Sears applauds along Speaker of the House Don Scott Jr., D-Portsmouth
Lt. Gov. Winsome Earle-Sears and Speaker of the House Don Scott Jr., D-Portsmouth applaud as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Lt. Gov. Earle-Sears applauds along Speaker of the House Don Scott Jr., D-Portsmouth
Lt. Gov. Winsome Earle-Sears and Speaker of the House Don Scott Jr., D-Portsmouth applaud as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Del King laughs
Del. Candi Mundon King, D-Prince William, chats with another caucus member as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Del Price listens
Del. Cia Price, D-Newport News listens as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
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— Attendee listen and chat amongst themselves as Gov. Youngkin delivers his State of the Commonwealth address
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Lt. Gov. Earle-Sears chat
Lt. Gov. Winsome Earle-Sears chats with Speaker of the House Don Scott Jr., D-Portsmouth, as Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin delivers remarks at a podium
Gov. Glenn Youngkin delivers his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin winks after delivering remarks at a podium
Gov. Glenn Youngkin winks after mouthing “I love you” First Lady Suzanne Youngkin after delivering the State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Lt. Gov. Earle-Sears, Speaker Scott, and Sen. Lucas applaud after Gov. Youngkin’s remarks
Lt. Gov. Winsome Earle-Sears applauds along Speaker of the House Don Scott Jr., D-Portsmouth and Sen. Louise Lucas, D-Portsmouth after Gov. Glenn Youngkin delivered his State of the Commonwealth to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin leaves after delivering remarks at a podium
Gov. Glenn Youngkin leaves after delivering his State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin leaves after delivering remarks at a podium
Gov. Glenn Youngkin leaves after delivering his State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Gov. Youngkin leaves after delivering remarks at a podium
Gov. Glenn Youngkin gives remarks to the media after delivering his State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
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— Senetors and Delegates speak to the media
Democratic caucus members including Sen. Jennifer Carroll Foy, D-Prince William, left, House Majority Leader Charniele Herring, D-Alexandria, Speaker of the House Don Scott Jr., D-Portsmouth, Sen. Scott Surovell, D-Fairfax, Sen. Jennifer Carroll Foy, D-Prince William and Sen. Stella Pekarsky, D-Fairfax, give responses to Gov. Glenn Youngkin’s State of the Commonwealth address to the joint session of the Virginia General Assembly on Monday, January 13, 2025 at the Virginia State Capitol in Richmond, Virginia.
Shaban Athuman / VPM News
The front-runner for the Republican nomination, Lt. Gov. Winsome Earle-Sears, focused her remarks on Virginia’s “right-to-work” law, which prohibits requiring union membership as a condition of employment.
“I don't have to tell you that if the effort to repeal ‘right-to-work’ is ever successful, it will destroy Virginia's economy and our workforce in several ways,” Earle-Sears said, after calling out former U.S. Rep. Abigail Spanberger, the sole candidate for the Democratic nomination. “We Virginians deserve a straight answer from Congresswoman Spanberger: Does she support our right-to-work law?”
A spokesperson for Spanberger did not answer a request for comment by deadline.
Spanberger did vote for the Protecting the Right to Organize Act of 2021, which included language that would have repealed provisions of federal law that enable right-to-work laws, among other labor reforms.
Gov. Glenn Youngkin mentioned Virginia’s law in both this year’s and last year’s State of the Commonwealth addresses.
“One of the reasons why Virginia is the top state in America for business is because we protect the right to work,” Youngkin told reporters after the Monday address. “This is not an anti-union comment. It is a pro-worker choice comment.”
So far, no bills to repeal Virginia’s right to work provisions have been filed for the 2025 legislative session, which began in-kind Monday following a delay due to Richmond’s water issues. Republican Delegate Chad Green (R-York) has proposed a constitutional amendment that would enshrine the right-to-work law in the state constitution.
In a statement, Carroll Foy said she looked forward to “continuing the fight for Virginia workers over this session and beyond.”