Virginia Employment Law 2026

2.1 Wage and Hour Rights

Minimum Wage

Current Virginia Minimum Wage (2026):

$12.77 per hour, effective January 1, 2026

Statutory Authority:

According to the Virginia Department of Labor and Industry announcement dated July 29, 2025:

“The Virginia Department of Labor and Industry (DOLI) announces that the Virginia minimum wage rate will increase to $12.77 effective January 1, 2026, in accordance with Virginia law.”

Source: Virginia Department of Labor and Industry
Citation: Press Release dated July 29, 2025
Published by: Commissioner Gary G. Pan
Available at: https://doli.virginia.gov/2025/07/29/virginia-minimum-wage-rate-increasing-effective-january-1-2026/
Effective date: January 1, 2026

Calculation Method:

According to Virginia Code § 40.1-28.10:

“The Commissioner shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-28.10(F)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.10/
Last amended: 2020

2026 Calculation:

• Previous minimum wage (2025): $12.41
• CPI-U increase (2024): 2.9%
• Calculation: $12.41 + ($12.41 × 0.029) = $12.77

Federal Minimum Wage:

The federal minimum wage under the Fair Labor Standards Act remains $7.25 per hour.

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206(a)(1)(C)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
Last increased: July 24, 2009
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Applicable Rate:

Virginia law requires employers to pay the higher of the state or federal minimum wage. As of January 1, 2026, this is $12.77 per hour (Virginia rate).

Who Must Receive Minimum Wage:

The Virginia Minimum Wage Act applies to most employees in Virginia, including:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal employees (with some exceptions)
• Home care providers

Exemptions from Virginia Minimum Wage:

According to Virginia Code § 40.1-28.9, the following categories of workers are exempt from the Virginia minimum wage:

1. Farm laborers or farm employees
2. Individuals engaged in activities of educational, charitable, religious, or nonprofit organizations where employer-employee relationship does not exist
3. Newsboys and newspaper carriers
4. Individuals employed in domestic service in or about a private home
5. Persons engaged in delivery of newspapers to consumers
6. Outside salespersons
7. Individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury
8. Students employed by nonprofit educational institutions
9. Student learners, apprentices, or messengers (as defined)
10. Taxicab drivers
11. Individuals employed at summer camps
12. Individuals employed as golf caddies at golf courses
13. Persons who work as babysitters for fewer than 10 hours per week
14. Au pairs in U.S. Department of State Exchange Visitor Program
15. Temporary foreign workers (as governed by federal regulations)
16. Persons exempt from federal minimum wage pursuant to 29 U.S.C. § 213(a)(3)

Source: Code of Virginia
Citation: Virginia Code § 40.1-28.9(A)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.9/
Available at: https://law.lis.virginia.gov/

Tipped Employees:

Minimum Cash Wage for Tipped Employees: $2.13 per hour

According to the Fair Labor Standards Act and Virginia law, employers may pay tipped employees a reduced cash wage, provided that the employee’s tips bring total compensation to at least the full minimum wage.

Requirements:

• Cash wage: At least $2.13 per hour (federal minimum)
• Tip credit: Difference between $2.13 and $12.77 = $10.64
• Total earnings (wages + tips) are required to equal or exceed $12.77 per hour
• Employers are required by law to make up the difference if tips are insufficient

Source: U.S. Department of Labor
Citation: Fair Labor Standards Act, 29 U.S.C. § 203(m)
Regulation: 29 C.F.R. § 531.59
Official guidance: https://www.dol.gov/agencies/whd/flsa
Virginia DOLI: https://doli.virginia.gov/programs/labor-law/payment-of-wage/

Overtime Pay Requirements

Virginia Overtime Requirements:

Virginia has specific overtime requirements under the Virginia Overtime Wage Act in addition to federal Fair Labor Standards Act requirements.

Statutory Requirement:

According to Virginia Code § 40.1-29.3:

“An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee’s regular rate for any hours worked by an employee in excess of 40 hours in any one workweek.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-29.3(B)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/
Effective date: July 1, 2021

Overtime Rate:

Virginia and federal law require employers to pay non-exempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

Calculation of Regular Rate:

According to Virginia Code § 40.1-29.3(B):

“An employee’s regular rate shall be calculated as the employee’s hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-29.3(B)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/

Example Calculation:

If an employee’s regular hourly rate is $15.00 per hour:

• Regular rate: $15.00/hour
• Overtime rate: $22.50/hour (1.5 × $15.00)
• Hours worked: 45 hours in one workweek
• Pay calculation: (40 hours × $15.00) + (5 hours × $22.50) = $600 + $112.50 = $712.50

Federal Overtime Requirements:

According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Who Must Receive Overtime:

Non-exempt employees are entitled to overtime pay. Exempt employees include:

Federal FLSA Exemptions:

1. Executive employees
2. Administrative employees
3. Professional employees
4. Computer employees
5. Outside sales employees
6. Certain highly compensated employees

Salary Threshold for Exemptions:

Federal law requires employees to be paid on a salary basis and meet minimum salary requirements established by the U.S. Department of Labor to qualify for most white-collar exemptions.

Current threshold: $844 per week ($43,888 annually) as of July 1, 2024

Source: U.S. Department of Labor
Citation: 29 C.F.R. § 541.600
Official guidance: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Available at: https://www.dol.gov/agencies/whd/flsa

Virginia-Specific Considerations:

Virginia law does not have daily overtime requirements. Overtime is calculated based on hours worked in excess of 40 per workweek, not per day.

Workweek Definition:

A workweek consists of seven consecutive 24-hour periods (168 hours). The workweek can begin on any day and hour established by the employer.

Statute of Limitations:

According to Virginia Code § 40.1-29.3(D):

“An action under this section shall be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-29.3(D)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/

Penalties for Violations:

According to Virginia Code § 40.1-29.3(C), if an employer fails to pay overtime:

“The court shall award the overtime wages owed, an additional equal amount as liquidated damages, and reasonable attorney fees and costs; however, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court may, in its discretion, award no liquidated damages or award any amount thereof not to exceed the amount of the unpaid overtime wages.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-29.3(C)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/

Meal and Rest Break Requirements

Virginia Law on Breaks:

Virginia does not require employers to provide meal or rest breaks to adult employees.

Verification of Virginia Statute:

Search of Virginia Code Title 40.1 (Labor and Employment) conducted on January 14, 2026, found no state statute requiring meal or rest breaks for employees aged 16 and older.

Source: Virginia Legislative Information System
Search conducted: Title 40.1 Labor and Employment
Date verified: January 14, 2026
Result: No statute requiring breaks for adult employees
Available at: https://law.lis.virginia.gov/vacode/title40.1/

Federal Law:

Federal law under the Fair Labor Standards Act does not require meal or rest breaks for adult employees.

U.S. Department of Labor Guidance:

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Publication: Breaks and Meal Periods fact sheet

When Breaks Are Provided:

If an employer chooses to provide breaks, the following federal rules apply:

Short Breaks (5-20 minutes):

• Federal law requires these to be paid
• Counted as hours worked
• Included in overtime calculations

Meal Periods (30 minutes or more):

• May be unpaid if employee is completely relieved of duties
• Federal law requires payment if employee performs any work during the meal period
• Federal law requires payment if employee remains on duty or performs work

Source: U.S. Department of Labor
Citation: 29 C.F.R. § 785.18 and § 785.19
Official regulations: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-785
Available at: https://www.dol.gov/agencies/whd/flsa

Breaks for Minor Employees:

Virginia requires meal breaks for minor employees under age 16.

Statutory Requirement:

Virginia Code § 40.1-80 requires:

Virginia law requires minor employees under age 16 to receive a 30-minute meal break for every five consecutive hours worked.

Source: Code of Virginia
Citation: Virginia Code § 40.1-80
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter5/section40.1-80/
Available at: https://doli.virginia.gov/

Nursing Mother Break Requirements:

Both federal and Virginia law require employers to provide reasonable break time for nursing mothers.

Federal Requirements:

According to the Fair Labor Standards Act, as amended by the PUMP Act:

Federal law requires employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk for one year after a child’s birth.

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(r)
Effective date: December 29, 2022 (PUMP Act)
Official guidance: https://www.dol.gov/agencies/whd/pump-at-work
Available at: https://www.dol.gov/agencies/whd/nursing-mothers

Virginia Requirements:

Virginia law provides similar protections for nursing mothers in the workplace.

Source: Virginia Department of Labor and Industry
Available at: https://doli.virginia.gov/

Final Paycheck Requirements

Timing of Final Paycheck:

According to Virginia Code § 40.1-29(A):

“Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had the employment not been terminated.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-29(A)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/
Available at: https://law.lis.virginia.gov/

What This Means:

For Both Voluntary and Involuntary Termination:

• Final paycheck must be provided by the next regularly scheduled payday
• Applies whether employee quit or was terminated
• No requirement for immediate payment upon termination
• Payment date is based on employer’s regular pay schedule

Example:

• Employee terminates on Monday
• Regular payday is Friday
• Virginia law requires final paycheck payment on Friday

What Must Be Included:

Virginia law requires the final paycheck to include:

• All wages earned through the last day worked
• Any earned overtime pay
• Commissions earned (if applicable)
• Bonuses earned under employment agreement

Accrued Vacation Time:

Virginia law does not require employers to pay out unused, accrued vacation time unless:

• The employer’s written policy states vacation will be paid out, or
• An employment contract requires payout

Policy-Based Requirement:

According to Virginia Department of Labor and Industry guidance:

Vacation pay, sick leave, and other fringe benefits are considered matters of agreement between employer and employee, and are governed by the employer’s established policies.

Source: Virginia Department of Labor and Industry
Available at: https://doli.virginia.gov/programs/labor-law/payment-of-wage/
Verified: January 14, 2026

Deductions from Final Paycheck:

According to Virginia Code § 40.1-29(D):

Employers may not withhold or deduct any portion of employee wages unless:

• Required by state or federal law (taxes, garnishments)
• Employee has given written authorization for the deduction
• Deduction is for cash shortage, breakage, or loss of company property, and employee has given written consent

Source: Code of Virginia
Citation: Virginia Code § 40.1-29(D)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/

Penalties for Failure to Pay:

According to Virginia Code § 40.1-29(G) and (H):

An employer who fails to pay wages in accordance with Virginia law may be liable for:

• Payment of all unpaid wages
• An additional amount equal to the unpaid wages (liquidated damages)
• Eight percent (8%) annual interest from the date wages were due
• Reasonable attorney’s fees and costs
• Civil penalty up to $1,000 per violation

Source: Code of Virginia
Citation: Virginia Code § 40.1-29(G), (H)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/

Criminal Penalties:

An employer who knowingly fails to pay wages may face criminal prosecution.

Source: Code of Virginia
Citation: Virginia Code § 40.1-29(E)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/

2.2 Paid Sick Leave

Current Virginia Law – Limited Coverage:

Virginia law currently requires paid sick leave only for a specific category of employees: home health workers.

Statutory Authority:

According to Virginia Code § 40.1-33.3 through § 40.1-33.6:

Virginia’s paid sick leave law applies only to home health workers who work at least 20 hours per week or 90 hours per month.

Source: Code of Virginia
Citation: Virginia Code §§ 40.1-33.3 through 40.1-33.6
Official text: https://law.lis.virginia.gov/vacodefull/title40.1/chapter3/article2.1/
Effective date: July 1, 2021

Who Is Covered:

According to Virginia Code § 40.1-33.3:

“‘Employee’ means a home health worker who works on average at least 20 hours per week or 90 hours per month.

‘Home health worker’ means a person who is engaged by an employer to provide personal care, respite, or companion services to an individual who is receiving consumer-directed services delivered through the Commonwealth’s plan for home and community-based services under the § 1915(c) Home and Community-Based Services Waiver.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-33.3
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-33.3/

Accrual Requirements for Home Health Workers:

According to Virginia Code § 40.1-33.4(A):

“All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-33.4(A)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-33.4/

Permitted Uses:

According to Virginia Code § 40.1-33.5(A), paid sick leave shall be provided for:

“1. An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care; or

2. Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-33.5(A)
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-33.5/

Retaliation Prohibited:

According to Virginia Code § 40.1-33.6:

“No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or (ii) has alleged a violation of this article.”

Source: Code of Virginia
Citation: Virginia Code § 40.1-33.6
Official text: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-33.6/

No General Paid Sick Leave Requirement:

Virginia does not require private employers to provide paid sick leave to employees other than home health workers.

Verification:

Search of Virginia Code Title 40.1 conducted on January 14, 2026, found no state statute requiring paid sick leave for general private sector employees.

Source: Virginia Legislative Information System
Search conducted: Title 40.1 Labor and Employment
Date verified: January 14, 2026
Result: No general paid sick leave requirement
Available at: https://law.lis.virginia.gov/vacode/title40.1/

Federal Contractors:

Federal law requires certain federal contractors to provide paid sick leave under Executive Order 13706.

Source: U.S. Department of Labor
Executive Order: 13706
Available at: https://www.dol.gov/agencies/whd/government-contracts/sick-leave

Employer Policies:

If an employer voluntarily provides paid time off (PTO) or sick leave, Virginia law requires the employer to honor its written policy.

Source: Virginia Department of Labor and Industry
Available at: https://doli.virginia.gov/