Makarov v. Commonwealth

We consider in this criminal case whether a part of Code § 40.1-29 is unconstitutional on its face, upon the ground that it authorizes imprisonment for failure to pay a debt.

We examine the following pertinent provisions of the statute, codified in Article 2 of Chapter 3 of Title 40.1, captioned “Labor and Employment”:

“§ 40.1-29. Time ... of payment; . . . penalty for violation of section; ... — (a) All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel and shall pay salaried employees at least once each month and…