Virginia Commuting laws & HR compliance analysis

Virginia Commuting: What you need to know

State law encourages employers to provide commuting benefits for employees and employees to rideshare or take public transit (VA Code Sec. 46.2-1400).
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Virginia law defines “ridesharing” as transportation that is secondary to the purpose of a volunteer driver; that is, employees sharing a commute to work. Options include carpools, vanpools, and buspools.
Virginia has a large and sophisticated ridesharing system, which includes carpooling, vanpooling, guaranteed rides home, park-and-ride lots, and other options. Some of the rideshare agencies have an extensive network, covering a large area in the state.
Compensation. Employers are not required to compensate employees for time spent in a ridesharing arrangement (VA Code Sec. 46.2-1406).
Taxes. Employees are not taxed on employer-provided benefits for transportation (e.g., subsidies for carpools or vanpools, reimbursement for mass transportation, etc.) (VA Code Sec. 46.2-1404).
Liability. Employers that merely provide ridesharing information, incentives, or encouragement are also not liable if injuries result from such arrangements (VA Code Sec. 46.2-1403).
Workers' Compensation. An employer is not liable for injuries suffered by passengers in a ridesharing accident or for workers' compensation benefits if the vehicle isn't owned, leased, or contracted for by the employer (VA Code Sec. 46.2-1402).
Drivers of ridesharing vehicles (with seating capacity of 15 or less) are exempt from the special licensing requirements applying to common carriers (VA Code Sec. 46.2-1405). Additionally, drivers are exempt from laws imposing a greater standard of care on motor ...

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