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.

An employer who knowingly violates the new law may be subject to a civil penalty not to exceed $100 for each violation. However, the employer shall be provided notice of the violation by the state Commissioner and the employer can request an informal conference regarding the violation.

The bill takes effect on July 1, 2023.

Virginia joins other states with similar prohibitions such as in New York and under federal law.  

If you have questions about Virginia’s bill or the protection of employees’ social security numbers, contact a Jackson Lewis attorney to discuss.