Key Takeaways

  • Virginia labor laws cover wage regulations, workplace safety, discrimination protections, and employee rights.
  • Minimum wage laws in Virginia are set by the Virginia Minimum Wage Act and adjusted periodically.
  • Overtime laws require employers to pay non-exempt employees 1.5 times their regular pay for hours worked over 40 per week.
  • Break and meal period laws mandate breaks for certain minors but do not require them for adult employees.
  • Time off laws include provisions for jury duty, voting, military service, and family medical leave.
  • Severance pay is not required under Virginia law but can be offered through company policies.
  • Discrimination and harassment protections extend to various protected classes under state and federal laws.
  • Workplace safety laws ensure employees are protected from hazards, with employees' compensation available for injuries.
  • Termination laws follow at-will employment principles, but wrongful termination claims may apply in certain cases.
  • Hiring laws in Virginia include requirements for fair pay, background checks, and proper classification of employees.

What Are Labor Laws in VA?

Labor laws in Virginia govern employee rights and workplace regulations. Employment laws are rules that apply to every section of the employment connection, from employing to dismissal. Employment regulations do the following important tasks, among other things:

  • Outlaw discrimination and harassment
  • Set wage and hour laws
  • Necessitate employers to maintain a healthy, safe workplace

Bosses with at least six employees are subject to Virginia’s laws.

Wage and Hour Laws in Virginia

In Virginia, state and federal laws govern payday laws regarding wage and hour requirements. Virginia law and the Federal Fair Labor Standards Act (FLSA) set the salary and hour values employers must follow, as well as minimum wage, overtime, and other wage defenses.

  • Employers must pay employees the highest applicable minimum wage, whether set by state, local, or federal law. The key state law pertaining to payday obligations is recognized as the Virginia Minimum Wage Act. The Minimum Wage Act defines how much employees should be paid, how many hours they can work, and the distinct regulations that apply to younger employees.
  • The Virginia Minimum Wage Act is the regulation dealing with businesses (with four or more employees not counting immediate family acquaintances) who fail to meet the coverage obligations of the Federal Fair Labor Standards Act.
  • Virginia’s current minimum salary is $7.25. There are many exclusions to the state's minimum wage rule. Any raise in the federal rate will be contemplated on the state level; raises in the federal rate routinely boost the state’s amount. Because of these exceptions, there are not many employees in Virginia protected by the state minimum wage.

In Virginia, the federal minimum wage law is more widely applicable than the state law. Failure to pay the legal minimum salary and other violations could result in reimbursement of back wages and criminal or civil action. Additional information linked to Virginia's minimum wage is specified in the Minimum Wage Law Page of Virginia. Topics such as tip minimum wage, pooling, tip sharing, and subminimum wages are also deliberated on the Virginia's Minimum Wage Law Page.

Virginia Minimum Wage Updates

As of 2025, Virginia's minimum wage is $12.00 per hour and is set to increase to $13.50 per hour by 2026 and $15.00 per hour by 2027, pending legislative approval. Some exemptions apply, including for certain seasonal employees, farm laborers, and those in training programs. Employers must ensure they are compliant with these changes to avoid penalties.

Hours and Overtime

Virginia labor laws do not have specific rules governing overtime pay. Federal overtime rules are relevant. Virginia employers, under the FLSA, will pay employees time and a half, especially if they work over 40 hours for one week.

  • If the worker fits into an exemption to the overtime rules (for instance, the worker is a compensated manager as described by the law), the worker is an exempted worker, which means the worker is not qualified for overtime.
  • In Virginia, if an employer has a question about paying overtime, or if an employee is wondering about overtime pay, they need to contact the federal authorities to get the definitive answer. The closest federal office in Virginia is in the state capital of Richmond in a district office of the Department of Labor.
  • The Federal office can be contacted directly with any overtime concerns. The main Department of Labor office can also be contacted by phone. Virginia employee rights state that companies are mandatory to start regular salary dates and pay charges.
  • Virginia companies must pay their hourly employees every two weeks (or quite often), depending on the requisites of the employment exchange.
  • Fringe welfares (holiday pay, sick leave, holiday wage, and severance pay packages) are not obligatory as stated by Virginia worker rights. Nevertheless, companies will need to go through with such contributions if articulated in the service agreement.
  • Virginia worker rights state that expenditures must be specified through check, cash, or direct deposit. In limited conditions, payroll debit cards may be offered. Virginia employee rights prohibit employers from making inferences, except those essential by law.
  • An employer, under the federal law, does not have to essentially pay time and a half to employees who work on weekends or throughout holidays. It is likewise important to recognize that not all industries in Virginia must hold to the FLSA morals. Interstate industries and/or those that make beyond $500,000 in proceeds for each year must follow the guidelines, as government, hospitals, and school’s entities do.

Additional data about Virginia salary and hour rules can be found in the Virginia Department of Industry and Labor. Additional information concerning the FLSA is in the Hour and Wage Division of the Federal Department of Labor.

Exempt vs. Non-Exempt Employees

Virginia follows the Fair Labor Standards Act (FLSA) in classifying employees as exempt or non-exempt from overtime pay.

  • Exempt employees typically include salaried professionals, executives, and administrative employees making at least $684 per week.
  • Non-exempt employees are entitled to overtime pay at 1.5 times their regular pay for all hours worked beyond 40 hours per week.

Meals and Breaks

Virginia law requires a 30-minute lunch break for employees under 15 years old who work more than five consecutive hours. Virginia does not require companies to offer breaks for employees that are sixteen (16) years or older.

An owner who selects to provide a break of more than twenty (20) minutes is not responsible for paying wages for lunch times or other breaks if the worker is free to leave the place of work. As stated by federal law, breaks twenty (20) minutes or shorter naturally must be salaried.

Rest Break Policies for Adult Employees

Virginia does not require employers to provide rest or meal breaks for adult employees. However, if an employer chooses to provide a break:

  • Breaks under 20 minutes must be paid.
  • Meal breaks over 30 minutes can be unpaid if the employee is fully relieved of duties.

Certain industries, like healthcare, may have industry-specific break regulations.

Time Off Work in Virginia

It’s normal in Virginia for companies to offer some paid leave to employees, for example paid time off (PTO), holidays, vacation, or sick day benefits. Even though a minority of states necessitate employers to give employees salaried sick days, neither federal nor Virginia law necessitates companies to propose paid leave. Data regarding Virginia vacation leave regulations can be found on Virginia Leave Laws’ site.

  • Material about Virginia sick and holiday leave laws are discovered on Virginia Leave Laws’ page. Virginia bosses must likewise permit employees to take voluntary time off work for things such as jury duty and might not require the employees to use the paid leave advantages for this reason.
  • Additional information regarding Virginia jury duty leave can be discovered on the Virginia Leave Laws page. Information about Virginia voting leave laws are also found on Virginia Leave Laws page. Companies may be required to provide unpaid time off for military leave.
  • The Reemployment Rights Act (USERRA) and federal Uniformed Services Employment Act, as well as the Virginia law, all require employers to authorize employees to take leave from work for state or federal armed forces obligation or service. employees must be restored after leave, and cannot be victimized.
  • Employees in Virginia who are associates of the state local militia, National Guard, or state defense force will need to be provided overdue leave if an administrator calls the employees to active duty. The employees may not be required to use paid time off advantages for this type of leave.
  • Employees have the right to re-establishment, and it is all done under state law. Companies might be required to provide leave that is unpaid for Medical and Family Leave. The Medical Leave Act (FMLA) and federal Family requires companies with 50 employees to provide qualified employees up to 12 weeks of unpaid time off each year for sickness and caregiving. Occasionally, employees may take longer periods.

Even though the member of staff is on FMLA leave, the company must maintain the benefits of the employee.  The worker has the right to be reestablished when the leave is finished. There are many states that have similar laws providing staff with the right to leave, or vacation rights. Virginia is not one of them.

Sick Leave and Paid Time Off (PTO)

Virginia law does not require private employers to offer paid sick leave or paid time off (PTO). However, some counties and cities within Virginia may have their own sick leave requirements. Employers who offer paid leave must follow their company policy consistently.

Additionally, Virginia does not have a statewide paid family leave program, but employees may be eligible for 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) if they work for a company with at least 50 employees.

Severance Pay

Virginia labor laws do not require employers to provide severance pay. If a company decides that they desire to offer severance benefits, it will need to conform with the stipulations of its recognized policy or employment agreement.

Final Paycheck Laws

Virginia law requires employers to issue an employee's final paycheck on the next scheduled payday after termination. If an employee resigns, their final wages must also be paid by the next regular payday. Employers cannot withhold an employee’s final paycheck as a form of penalty, regardless of the circumstances of termination.

Discrimination and Harassment Laws in Virginia

Employers, because of the federal Civil Rights Act of 1964, are not allowed to make job choices based on sex, religion, color, race (as well as pregnancy), or national origin. Extra laws forbid discrimination centered on age (if the worker is at least 40 years old), genetic information, or disability.

  • Companies with about 15 employees are subject to the Harassment and Discrimination Laws in Virginia. For age prejudice, companies with at least 20 employees must obey the regulation. Companies might not discriminate with any part of the business relationship, from job applications to firing, layoffs, discipline and leave, benefits, pay, layoffs, and promotions.
  • Specified information on federal laws forbidding service bias is on the Equal Employment Opportunity Commission’s Laws Imposed by the EEOC. The Virginia law keeps employees safe from discrimination. Virginia law also vetoes prejudice based on marital status.
  • Companies with at least six employees are subject to Virginia’s state laws that forbid prejudice. If employees want to file a complaint or inquire into Virginia’s regulations barring discrimination, they can go to the website of the Virginia Division of Human Rights.
  • Legally, harassment is defined as unwelcome behavior or actions that create a hostile work environment or affect employment conditions.
  • Sexual harassment – frequently in the custom of uninvited touching, requests for dates, sexual comments, pornography, and so on – is the most common types of harassment. Nevertheless, harassment could also be founded on things such as national origin, race, or other traits.

The worker is safeguarded from retaliation in cases of grievances regarding workplace discrimination or harassment. The employer is not allowed to discipline, terminate, or take other adverse action against the employee to a government organization (the same as the Equal Employment Opportunity Commission or the Virginia Division of Human Rights), or in a court case.

Virginia Equal Pay and Fair Hiring Laws

Virginia law prohibits wage discrimination based on gender and race under the Virginia Equal Pay Act. Employers must ensure equal pay for equal work, considering skill, effort, responsibility, and working conditions.

Additionally, Virginia’s Fair Hiring Law restricts employers from inquiring about a job applicant’s criminal history before extending a conditional job offer. Employers cannot discriminate based on expunged or sealed records.

Workplace Safety and Injuries

Employees are entitled to a place of work that is free and safe of recognized dangers. Employers must be able to offer healthy, safe working conditions along with safety training and equipment required for the employer's business. employees can appeal for an Occupational Safety and Health Administration (OSHA) examination if the worker believes the company has broken any kind of safety violations. It is forbidden for employers to discipline, retaliate, or fire any employees who bring a complaint of dangerous or hazardous working circumstances.

If the worker experiences an on-the-job hurt, the worker will probably be qualified for employees’ compensation. Many Virginia employers are obligated to make sure they have employees’ compensation coverage. employees’ compensation offers employees a percentage of their normal salaries, pays for essential medical treatment and offers vocational rehabilitation and other aids.

Virginia Occupational Safety Requirements

Virginia operates its own state OSHA program—Virginia Occupational Safety and Health (VOSH)—which enforces workplace safety laws. Employers must:

  • Maintain safe working conditions free from known hazards.
  • Provide training and protective equipment for hazardous job tasks.
  • Comply with reporting requirements for workplace injuries and illnesses.

Employees have the right to report unsafe conditions to VOSH without fear of retaliation.

Employee Rights When Leaving a Job in Virginia

Employees in Virginia mostly work at will. These employees can quit whenever they want and can be terminated at any time, for any motive that is not unlawful. Even at-will employees may not be laid off for explanations that are discriminatory or revengeful.

  • Employees may not be fired, for instance, for fault-finding about workplace hazards, overtime disruptions, or discrimination. If the worker gets fired or loses their position without fault (specifically, the employee did not willingly leave the job and was not fired for a significant misconduct), the worker will more than likely qualify for unemployment benefits in Virginia.
  • The employee must be able to meet certain eligibility requirements, as well as minimum earnings prerequisite. The worker will need to be able to look for work conscientiously to continue getting work benefits from the job.
  • If the worker is qualified, the employee will get a proportion of preceding salaries for 26 weeks while trying to find employment. A federal rule recognized as the Consolidated Omnibus Budget Reconciliation Act (COBRA) provides employees with the right to continue health insurance coverage, even after termination.
  • The employee must pay the full premium including whatever portion the employer used to pay. Employees may continue receiving benefits for 18 to 36 months, depending on their circumstances and dependent status.

Wrongful Termination in Virginia

Virginia is an at-will employment state, meaning employers can terminate employees at any time for any lawful reason. However, wrongful termination claims can arise if an employee is fired for:

  • Retaliation (e.g., reporting workplace safety violations or discrimination).
  • Discrimination (race, sex, religion, disability, etc.).
  • Breach of contract if a written agreement guarantees continued employment.

Employees who believe they were wrongfully terminated can file a complaint with the Virginia Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).

Virginia Employee Rights

Employment Law Division and The Virginia Labor are accountable for imposing several of the laws connected with Virginia employee rights. Employment Law Division and The Virginia Labor are obligated to make sure that they are enforcing the Payment of Wage Act in order to guarantee that employees of Virginia are paid the federal minimum wage on-time and in state-accepted income means.

Through the subdivision’s Child Labor Division, the Virginia Labor and Employment Law Division—by utilizing VA employee rights-- help guarantee that young Virginians can seek employment in occupations that do not harm or intervene with the Young Virginians' scholastic objectives.

Virginia worker privileges, with just a few exclusions, forbid the service of youths that are fourteen years old and younger. Furthermore, Virginia worker rights state that work documents must be distributed for all youths that are 16 and younger.

FAQs

1. What is the current minimum wage in Virginia?

As of 2025, the minimum wage in Virginia is $12.00 per hour. Future increases are scheduled for 2026 ($13.50) and 2027 ($15.00), pending legislative approval.

2. Are Virginia employers required to give employees breaks?

No, Virginia law does not mandate rest or meal breaks for employees aged 16 and older. However, employers who provide breaks must follow federal wage laws regarding paid and unpaid breaks.

3. Can my employer fire me without cause in Virginia?

Yes, Virginia is an at-will employment state, meaning employers can fire employees for any reason, as long as it is not discriminatory or retaliatory.

4. Do Virginia employees get paid sick leave?

Virginia does not require employers to provide paid sick leave, except for certain home health employees. Employees may qualify for unpaid leave under the FMLA if they meet eligibility requirements.

5. How do I report unsafe working conditions in Virginia?

Employees can file a complaint with Virginia Occupational Safety and Health (VOSH) if they believe their workplace is unsafe. Employers are prohibited from retaliating against employees who report safety concerns.

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