Virginia Limits Use of SSNs (7/1/23)

On March 21, 2023, Virginia's governor approved Senate Bill 1040, which prohibits an employer from using an employee's social security number or any derivative as an employee's identification number. The bill also prohibits including an employee's social security number or any number derived from the social security number on any identification card or badge.

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Virginia Passes Legislation Prohibiting the Use of Employees' Social Security Numbers as Identifiers
Jackson Lewis | Apr 2023

Text of the measure.
Effective date: 7/1/2023

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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.
Virginia Restricts Employer's Use of Social Security Numbers
Arent Fox | May 2023

While the law does not define what a "derivative thereof" means, it likely includes portions of an employee's social security number, such as the last four digits.
Virginia's Legislative Session Concludes with a Handful of New Employment Laws
Littler | Apr 2023

The law also authorizes the Commissioner to seek injunctive relief for the law's enforcement.
Not half bad: New Virginia employment laws to take effect July 1
Constangy | May 2023