Q: Regarding the new law for social security number use. Our firm uses part of our agent’s social security number as their pin to enter certain portions of the building. Do our agents fall under the new requirements? 

A: The provision of the law in question is: 

• 40.1-28.7:10. Prohibited use of employee’s social security number; civil penalty.

1. No employer shall (i) use an employee’s social security number or any derivative thereof as such employee’s identification number or (ii) include an employee’s social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee. 

Even though, generally, real estate licensees are independent contractors, this particular law defines “employees” in the following way: 

“Employee” means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. 

Therefore, yes. Even though real estate licensees are likely independent contractors, this particular law defines employees broadly and would include your agents. 

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