Treating employees fairly is a legal requirement in Virginia, and the rules change almost every year. For 2026 there are several updates employers need to handle, from a higher minimum wage to new protections for minors, so keeping current Virginia labor law posters on the wall is the simplest way to stay ahead of penalties.
Virginia's labor laws are enforced by state and federal agencies, including the Virginia Department of Labor and Industry and the Equal Employment Opportunity Commission. This guide covers the key Virginia labor laws taking effect in 2026 and how to keep your workplace compliant.
Who Is Covered Under Virginia Employment Laws?
Virginia’s employment laws protect a wide range of workers, including full-time employees, part-time workers, and minors. Recent updates have expanded specific protections for non-exempt employees regarding restrictive contracts. There has also been the introduction of new financial safeguards for minors working in digital content creation. Most employers operating within the Commonwealth must adhere to these regulations.
Virginia Minimum Wage 2026
Effective January 1, 2026, Virginia has established a minimum wage of $12.77 per hour. This rate reflects an adjustment based on the Consumer Price Index and inflation data.
Employers must ensure this rate is reflected on their mandatory workplace notices. Unlike some other jurisdictions, Virginia labor laws don't exempt tipped workers from the state minimum wage. Tipped employees must receive the full minimum wage of $12.77 per hour. While employers can pay a cash wage of $2.13 per hour, if the employee's tips don't cover the difference, the employer must pay the balance to reach the $12.77 threshold.
Virginia’s minimum wage requirements apply broadly to almost all employees. The state does not provide a specific statutory exemption list, such as for full-time students or babysitters. Employers should review relevant wage regulations to understand which employees are covered and exempt.
For a broader view of rates across the country, you can review the USA Minimum Wage by State to see how Virginia compares.
Virginia Workers’ Compensation Laws
The Virginia Workers’ Compensation Commission mandates that employers who regularly employ more than two part-time or full-time employees must carry workers' compensation insurance.
This requirement also extends to contractors in specific scenarios. If a business hires subcontractors to perform the same trade or fulfill a contract, the subcontractor’s employees are counted towards the total number of employees for coverage purposes. Executive officers also count as employees. If the total staff count exceeds two, coverage is mandatory.
Under § 65.2-805, employers who fail to secure this coverage face civil penalties. These fines can reach up to $250 per day for non-compliance, subject to a maximum penalty of $50,000.
Non-Compete Agreement Laws in Virginia
Significant changes have been made to restrictive agreements in Virginia. Virginia labor laws now prohibit employers from entering into, enforcing, or threatening to apply non-compete agreements with any non-exempt employee under the FLSA, regardless of pay level.
Previously, this ban applied primarily to low-wage earners. The Virginia labor laws 2026 updates expand this to include any employee eligible for overtime pay under the Fair Labor Standards Act (FLSA), regardless of their income level. Employers must also review existing non-compete agreements and classify employees under the FLSA correctly to ensure agreements don’t violate this statutory prohibition.
Employers who violate this statute may face civil penalties of $10,000 per violation. And to keep their employees well informed, employers must post a copy of this law or a department-approved summary in a conspicuous location of their workplace.
Main Requirements Regarding Leave in Virginia
While most private employers in Virginia are not required to provide paid sick leave, there is a strict exception for some specific workers.
Paid Sick Leave:
Employees accrue paid sick leave under Va. Code § 40.1-33.4-33.5, generally earning at least 1 hour of paid sick leave for every 30 hours worked, with carryover, subject to employer policy conditions. Specific industry rules, such as paid sick leave for certain home health workers, may also apply under separate provisions.
Family and Medical Leave:
Virginia does not have a separate state family leave statute, but eligible employees of covered employers must comply with the federal Family and Medical Leave Act (FMLA), providing up to 12 weeks of unpaid, job-protected leave for qualifying reasons.
Organ and Bone Marrow Donation Leave:
Employers with 50 or more employees must provide up to 60 business days of unpaid leave for organ donation and up to 30 business days of unpaid leave for bone marrow donation in 12 months to eligible employees. Written physician verification may be required.
Jury Duty / Court Attendance:
Under Va. Code § 18.2-465.1, employees summoned for jury duty for four or more hours cannot be required to work certain shifts that day or the next morning. Scheduling restrictions apply, and violating them is a crime.
Crime Victim Leave:
Under Va. Code § 40.1-22, employees who are victims of crimes are entitled to unpaid leave to attend criminal proceedings related to the crime, with protection from retaliation.
Child Labor Laws in Virginia
Virginia enforces strict regulations for minors, and penalties for child labor violations have increased in 2026. The law distinguishes between minors under 16 and those aged 16 and 17.
Under Age 16: These minors must obtain a Work Permit.
They can work 3 hours per school day (up to 18 hours/week) and 8 hours per non-school day (up to 40 hours/week).
Work is prohibited between 7 p.m. and 7 a.m. (extended to 9 p.m. during summer break).
Ages 16 and 17: There are no maximum hour limits, provided the work doesn't interfere with school attendance. They may work for unlimited hours in any occupation not declared hazardous by the U.S. Secretary of Labor.
Content Creator Protections: New regulations protect minors featured in monetized online content. Employers or parents managing such content must set aside a percentage of gross earnings in a trust for the minor, accessible upon their adulthood.
Violations of child labor law resulting in serious injury or death can result in civil penalties of $25,000 or more in 2026.
What Are the Hiring Laws in Virginia?
The Virginia Human Rights Act prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, age (40 and older), marital status, disability, sexual orientation, gender identity, and veteran status. Recent updates have added "ethnic origin" as a protected class.
These protections generally apply to employers with five or more employees. However, provisions regarding unlawful discharge based on these classes apply to employers with more than five employees.
Reasonable Accommodations for Pregnancy
Under the Virginia Human Rights Act (VHRA), employers with five or more employees must provide reasonable accommodations and a comfortable working environment for pregnancy, childbirth, and related medical conditions (including lactation). You cannot force a pregnant employee to take leave if a reasonable accommodation would allow them to keep working.
Your business should have at least the following required accommodations:
- Providing more frequent bathroom breaks.
- Allowing a cashier to sit on a stool instead of standing.
- Modifying any no food/drink policy to allow for a water bottle.
- Providing a private (non-bathroom) space for lactation.
When an employee requests such an accommodation, you must ensure an immediate process to find a solution that works.
Social Media Privacy Protection
In the digital age, Virginia law draws a strict boundary during the hiring process. Under § 40.1-28.7:5, employers are prohibited from requiring a current or potential employee to disclose the username or password for their social media accounts.
As an employee, you can’t:
- Ask an applicant to log in to their social media account during an interview.
- Require an employee to add a supervisor or administrator to their friend list.
- Retaliate against an applicant who refuses to provide access to their private accounts.
Is Virginia a ‘Right-to-Work’ State?
Yes, Virginia is a ‘right-to-work’ state. Employers cannot force employees to join a union or pay union dues as a condition of employment.
Occupational Safety Laws in Virginia
The Virginia Occupational Safety and Health (VOSH) program ensures safety standards that often mirror or exceed federal OSHA regulations. Employers must maintain a hazard-free workplace and cannot counter employees who report safety concerns.
Heat Illness Prevention Standard
Virginia is one of the few states with a dedicated safety standard to prevent heat-related illnesses. This standard applies to both indoor and outdoor workplaces where employees are exposed to excessive heat.
Employers must verify compliance with the law by:
- Monitoring: Measuring the heat index at the worksite.
- Adapting: Implementing a schedule to gradually increase the workload for new employees to help them adjust to the heat.
- Water and Rest: Providing cool, potable water and ensuring employees take regular preventive rest breaks in shaded or cool areas.
- Training: Training all employees and supervisors to recognize the signs of heat exhaustion and heat stroke.
Ignoring these protocols during the summer months or in hot indoor environments (such as warehouses) can lead to severe VOSH citations.
Mandatory Federal and Virginia Labor Law Posters
Employers must display specific posters in their workplace to keep their employees informed of their rights. These notices must be placed in common areas, such as break rooms, where they are easily visible. To stay compliant with changing local requirements, businesses can use a city and county labor law poster service to ensure they always have the most current versions of required notices.
If you also run locations in other states, we carry state-specific sets like California labor law posters, Texas labor law posters, and Florida labor law posters, so every workplace stays covered.
Critical Virginia labor law posters include:
- Unemployment Insurance Benefits
- Human Rights-Code Chapter 39
- Workers' Compensation Notice
- OSHA Job Safety & Health Protection
Required federal labor law posters include:
- EEOC Know Your Rights Notice
- Fed-OSHA It's the Law Notice
- Federal Minimum Wage Notice
- Employee Polygraph Protection Notice
- Family and Medical Leave Act (FMLA) Notice
- USERRA Rights and Benefits Notice
- Payday Notice
- IRS EITC / Notice 797 / W-4 Notice
Virginia Labor Laws 2026 Updates
For 2026, employers should verify compliance with the following and stay current with any labor law poster updates:
- Make sure all employees receive at least the standard minimum wage of $12.77 per hour.
- Review contracts for non-exempt employees to ensure they don't contain prohibited restrictive covenants.
- Be aware that unemployment benefits have increased by approximately $52 per week.
- Confirm compliance with new trust fund requirements for child influencers and updated safety penalties.
Staying Ahead of Virginia Labor Law Changes
Managing a business in Virginia means constantly adapting to new regulations. The shift to a $12.77 minimum wage and the tightening of non-compete restrictions aren't just administrative updates; they require a review of your entire hiring and payroll strategy.
Compliance isn't optional. With the Virginia Department of Labor and Industry actively enforcing these statutes, missing a simple poster update or overlooking a child labor rule can result in significant fines.
The best way to protect your business is to stay updated with the labor laws. Review your employee handbooks, audit your current pay rates, and ensure your break rooms display the latest labor law posters. Keeping your documentation current is the first line of defense against legal risks.
FAQs
What is the minimum wage in Virginia for 2026?
As of January 1, 2026, the minimum wage in Virginia is $12.77 per hour. This applies to most employees, including tipped workers, who must earn at least this total amount through a combination of cash wages and tips. Employers must update their payroll systems to match this new requirement and ensure they display the latest Virginia minimum wage poster.
Can I enforce a non-compete agreement in Virginia?
It is generally prohibited to enforce non-compete agreements against non-exempt employees or those earning below the low-wage threshold. If an employee is eligible for overtime pay under the FLSA, you cannot restrict their ability to work for a competitor after leaving your employment.
Does Virginia require paid sick leave?
Virginia currently mandates paid sick leave only for home health workers who work an average of 20 or more hours per week. For other private employers, there is no statewide mandate for paid sick leave, though employers must comply with federal leave laws like FMLA.
What posters must I display in my workplace?
You must display both state and federal labor law posters in a conspicuous location. Mandatory Virginia posters include notices for Workers' Compensation, VOSH Job Safety, and the Human Rights Act. Additionally, you must display the updated 2026 Minimum Wage poster.