In Virginia, treating your employees fairly is important. That's why lawmakers have created various regulations to help you stay compliant. Labor law poster compliance service companies such as Labor Law Posters Online , assist employers in all states with compliance regarding these legal requirements. These laws are implemented by the state and federal agencies, like the Virginia Department of Labor and Industry and the Equal Employment Opportunity Commission (EEOC). Employers who violate these laws, at any level, may have to pay fines and penalties. The information included in this post addresses the major elements of Virginia labor laws, answered as frequently asked questions (FAQs).
Who is covered under Virginia Employment Laws?
Virginia's employment laws provide protections for a broad range of workers across various sectors, including specific groups such as full-time employees, minors, and independent contractors.
What Are Virginia’s Wage Laws?
As of January 1st, 2025, Virginia mandates a minimum wage of $12.41 per hour, subject to annual adjustments for inflation. This increase follows the Code of Virginia and is reflected on the updated Virginia minimum wage poster that employers are required to display. Unlike other states, Virginia does not exempt tipped workers from the state minimum wage. Due to this fact, tipped employees in Virginia are to receive the same minimum wage as all other employees, plus earned tips. Individuals who are exempt from earning the state’s minimum wage include:
- Full-time students who put in fewer than 20 hours of work per week when school is in session;
- Babysitters who work fewer than 10 hours per week;
- Individuals under the age of 18 who are employed by a parent or guardian;
- Employees of children's summer camps;
- Any person under the age of 16, regardless of the employer; and
- Any other employee who is exempt from the federal minimum wage under the Fair Labor Standards Act (FLSA).
What Are the Payment Laws in Virginia?
Under the Virginia Wage Payment Act (VWPA), employers must comply with the following pay frequency:
- Salaried employees must be paid at least once per month.
- Hourly employees must be paid at least once every two weeks or twice per month.
- Certain work-study students and employees earning more than 150% of the state's average weekly wage may be paid monthly.
Wages may be paid via cash, check, electronic transfer, or, with consent, a prepaid debit card.
What Are Virginia’s Overtime Laws?
Businesses which is based in Virginia need to comply with FLSA regulations on overtime. According to the FLSA, covered employees must receive overtime pay when they work over 40 hours in a workweek. The overtime compensation rate must be no less than one and a half times their regular pay rate. For minimum wage employees in Virginia, that means earning $18.61 per hour for overtime.
What is the law regarding required meal and rest breaks for employees in Virginia?
Right now, Virginia does not have a law regarding meal breaks or rest breaks for adult employees. If the employee is younger than age 16, they must be provided with a thirty-minute rest period when the employee works continuously for over five hours. If an employer does provide a break, the Fair Labor Standards Act (FLSA) distinguishes breaks of less than 20 minutes as non-duty time and must be paid, and break periods over thirty minutes as non-pay and non-duty. Therefore, employers only need to provide a reasonable break duration.
What Workers’ Compensation Laws Must Virginia Employers Follow?
Virginia Workers’ Compensation Commission stated that employers who regularly employ more than two part-time or full-time employees must carry workers' compensation insurance. If a business hires subcontractors to perform the same trade, business, occupation, or to fulfill a contract, the subcontractor’s employees are included when determining the total number of employees for coverage requirements. Executive officers also count as employees. If the total number of all employees exceeds two, workers’ compensation is required. Workers’ compensation is mandatory for all those employers who meet the requirements under the law.
According to § 5.2-805, any employer who fails to ensure compliance when required by law will be assessed a civil penalty, which can be up to $250 per day for each day of non-compliance, subject to a maximum civil penalty of $50,000 plus costs.
What Are the Non-Compete Agreement Laws in Virginia?
Beginning July 1st, 2025, Virginia law will prohibit employers from entering into, enforcing, or threatening to enforce non-compete agreements with low-wage employees who earn up to $1,463.10 per week ($76,081 annually) and non-exempt employees who are entitled to overtime pay under the FLSA.
What are the main requirements regarding leave in Virginia?
As of the date of this post, Virginia has implemented some leave laws to support employees' health, family responsibilities, and overall well-being. Here's an overview of some of the current requirements:
- Sick or family leave. Virginia employers are obligated to comply with the Family and Medical Leave Act (FMLA), which provides eligible employees with no less than 12 weeks of leave for the birth of a child, due to a serious health condition, or to care for a family member. FMLA leave only applies to employers that employ 50 or more employees.
- Jury duty leave. Full-time employees have the right to be compensated for paid time off work for serving on a jury when the jury duty is required. Employers are not able to force employees to use sick or vacation leave or any other type of leave for jury duty. Employers cannot retaliate against the employee for serving a jury duty, but they also are not required to pay the employee for time away from work. In addition, if an employee serves on a jury for four hours or more, the employee cannot be required to work a shift that starts that day after 5 p.m., or before 3 a.m. the next work day.
- Witness leave. If an employee is required to testify in court, the leave must not be compensated by sick leave, vacation leave, or any other type of leave the employee may have accrued. The actual leave to testify may or may not be compensated at all.
- Crime victim leave. Virginia employers must provide paid or unpaid leave for any participation, preparation, or attendance in proceedings related to a crime. However, employers have the option to request a form from the law enforcement agency or obtain a copy of the notice of scheduled proceedings.
- Emergency leave for volunteers. Certified volunteers for the American Red Cross are eligible for 15 days of paid leave in a 12-month period for participating in disaster relief services.
- Military leave. Virginia mainly follows the federal Uniformed Services Employment and Reemployment Act (USERRA) to grant employees leave of absence to serve in the U.S. Armed Forces, National Guard, or state militia. Additionally, Virginia requires employers to extend this policy to members of the Civil Air Patrol, with a maximum of 10 days per year for training and 30 days per year for responding to duty.
Are there any Child Labor Laws in Virginia?
Yes. Virginia has two classifications of minors: minors under 16 who must have a Work Permit and/or an Age Certification document, and minors under 17. Under age 16, minors can work 8 hours a day and up to 6 days and 40 hours maximum per week when school is not in session. When school is in session, they can work 3 hours a day and up to 18 hours maximum per week. Minors under age 16 cannot work from 7 p.m. to 7 a.m. when school is in session, but they may work until 9 p.m. when school isn't in session.
For 16 and 17-year-olds in Virginia, there is no maximum number of hours they can work as long as they meet school attendance laws. Nightwork limits are only for minors under 16 who cannot work from 7 p.m. to 7 a.m. when school is in session, and otherwise are not restricted at night.
What Are the Hiring Laws in Virginia?
State and federal employment laws were created to keep hiring processes fair and equitable. The Virginia Human Rights Act (VHRA) provides protection against employment discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth, or related medical conditions, age (40 and older), marital status, disability, sexual orientation, gender identity, and veteran status. The VHRA protection applies to employers that have five or more employees, but certain provisions apply for employers using 15 or more employees as an eligibility standard.
Is Virginia a “Right-to-Work” State?
Yes, Virginia is a “right-to-work” state, which means that employees cannot be required to join a union or pay union dues to work.
What Are Virginia Termination Laws? Is Virginia an “At-Will” State?
Yes. Virginia is an "at-will" state, that means employers can terminate employees for any reason, or no reason, at any time, unless there is a specific law or contract stating this. However, employers cannot fire employees for illegal reasons, such as discrimination or retaliation.
State of Virginia labor laws require employers to provide workers with their last paycheck either on their final day of employment or by the next payday.
Finally, businesses with 20 or more employees are required to inform terminated workers of their right to continue receiving health insurance under the Consolidated Omnibus Budget Reconciliation Act (COBRA) for 18 to 36 months after termination.
What Are the Occupational Safety Laws Required in Virginia?
The Virginia Occupational Safety and Health (VOSH) program enforces workplace safety standards that are similar to federal OSHA regulations. Employers are required to ensure a safe workplace and cannot retaliate against employees who report safety violations.
What Are Some Examples of Mandatory Federal Labor Law Posters and Virginia Labor Law Posters
Employers in Virginia are required to post federal and state labor law posters. Virginia labor law posters provide employees information regarding their rights and protections under Virginia law. Most importantly, they must be conspicuously posted in places accessible to all employees such as break rooms and other communal areas.
Similarly, employers operating in West Virginia can ensure compliance by using a WV labor law compliance service to access the latest required posters and notices.
Critical Virginia labor law posters that employers may need to display include:
- Workers' Compensation Notice
- Unemployment Insurance Benefits
- Human Rights-Code Chapter 39
- Virginia OSHA (VOSH) Job Safety & Health Protection
Required federal labor law posters may include:
- EEOC "Know Your Rights" Notice
- Fed-OSHA "It's the Law" Notice
- Federal Minimum Wage Notice
- Employee Polygraph Protection Notice
- USERRA Rights and Benefits Notice
Employers who fail to display these posters may face fines and penalties. Depending on your city, county, and industry, additional posting requirements may apply. Examples could include postings on Human Trafficking and city ordinances.
Which Federal Labor Laws Must Virginia Employers Follow?
Employers in Virginia are required to follow federal and state labor laws. If a Virginia labor law contradicts a federal labor law, the federal law will take precedence. State lawmakers can pass legislation giving workers additional rights, but cannot remove or diminish rights protected by federal law. Important federal labor laws that Virginia employers should be aware of include:
- Title VII of the 1964 Civil Rights Act (Title VII)
- The Age Discrimination in Employment Act (ADEA)
- The Americans with Disabilities Act (ADA)
- The Fair Labor Standards Act (FLSA)
- The Immigration Reform and Control Act (IRCA)
- The Family Medical and Leave Act (FMLA)
- The Consolidated Omnibus Budget Reconciliation Act (COBRA)
It is important to note that not all federal laws apply to every workplace. Employers should investigate the federal laws, including those listed above, to determine if their business is affected.
What Are Some Recent Updates to Labor Laws in the State of Virginia?
In the absence of the state of Virginia passing significant labor and employment laws in 2025, employers can use the following list to verify that they are showing good-faith compliance with current employment laws:
- Are you paying at least the required federal minimum wage of $12.41 per hour?
- Are you following Virginia overtime and break time requirements?
- Are you providing final paychecks in accordance with Virginia law?
- Are you respecting Virginia’s child labor laws, if applicable?
- Are you complying with VOSH workplace safety regulations?
- Do you grant required leave time to employees as required under Virginia state laws?