Virginia Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 3, 2026
Last Reviewed: February 3, 2026
Applicable Period: 2026
Jurisdiction: State of Virginia, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Virginia Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Virginia
- Current Minimum Wage Rates in Virginia 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Virginia
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Virginia Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Virginia establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Virginia has a minimum wage of $12.77 per hour, with annual adjustments based on the Consumer Price Index. Unlike many states, Virginia does not permit employers to take a tip credit against minimum wage obligations.
Minimum wage regulations in Virginia operate under the Virginia Minimum Wage Act (Va. Code § 40.1-28.8 et seq.) alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state or local minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. Virginia does not allow tip credits, and no local jurisdictions have enacted higher minimum wage ordinances, resulting in a uniform statewide rate.
This page provides an authoritative overview of Virginia minimum wage law for 2026, including current rates, scheduled increases, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| Virginia Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | $12.77/hour | January 1, 2026 | Va. Code § 40.1-28.10 |
| Tipped minimum wage | $12.77/hour | January 1, 2026 | Va. Code § 40.1-28.9 |
| Tip credit allowed | No | — | Virginia law |
| Next scheduled increase | CPI-adjusted | January 1, 2027 | Va. Code § 40.1-28.10(F) |
| Rate adjustment mechanism | CPI-indexed | — | Va. Code § 40.1-28.10(F) |
| Federal minimum wage | $7.25/hour | Ongoing | U.S. DOL |
| Local minimum wages | No | — | State law |
Last verified: February 3, 2026 via Virginia Department of Labor and Industry website
Overview of Minimum Wage Law in Virginia
Legal Authority
Virginia minimum wage requirements are established under the Virginia Minimum Wage Act, codified at Va. Code § 40.1-28.8 through § 40.1-28.12. The Virginia Department of Labor and Industry (DOLI) administers and enforces minimum wage regulations in Virginia. The state minimum wage law was significantly amended in 2020 with the enactment of legislation requiring phased increases from the federal rate of $7.25 per hour to $12.00 per hour by January 2023, with annual CPI adjustments beginning January 1, 2025.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. Virginia law operates independently with its own minimum wage standards. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
Because Virginia’s minimum wage of $12.77 exceeds the federal minimum, most covered employers must comply with the state rate. The Virginia Minimum Wage Act applies to employers and employees covered by the FLSA, as well as public employees working for the Commonwealth, its agencies, institutions, or political subdivisions.
Coverage Scope
Virginia minimum wage law applies to all employers operating a business in the Commonwealth or engaging individuals to perform domestic service. Coverage extends to both private sector employers and public employers, including state agencies, institutions, and local governments. Most hourly workers, including part-time and temporary employees, are covered unless specifically exempted by statute.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal, state, or local. In Virginia, this means employers must identify and apply whichever minimum wage rate provides employees the highest hourly compensation. Since Virginia maintains a uniform statewide rate with no local variations, employers throughout the Commonwealth apply the same $12.77 per hour minimum wage.
Current Minimum Wage Rates in Virginia 2026
Standard Hourly Minimum Wage
As of January 1, 2026, the standard minimum wage in Virginia is $12.77 per hour for covered employees. This rate applies to all non-exempt employees working in the Commonwealth, regardless of employer size or industry. According to the Virginia Department of Labor and Industry, the 2026 rate represents a 2.9% increase from 2025’s rate of $12.41.
Virginia adjusts its minimum wage annually based on the 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. Under Va. Code § 40.1-28.10(F), the Commissioner of the Department of Labor and Industry establishes the adjusted state hourly minimum wage by October 1 each year, with the new rate taking effect the following January 1. The adjustment equals the sum of the current minimum wage plus a percentage increase equal to the CPI-U increase during the most recent calendar year.
Virginia does not have regional variations, employer size tiers, or industry-specific rates. The $12.77 hourly minimum wage applies uniformly across all jurisdictions and sectors in the Commonwealth.
Scheduled Minimum Wage Increases
Beginning January 1, 2027, Virginia will continue to adjust the minimum wage annually based on the Consumer Price Index for all items, all urban consumers (CPI-U). The Virginia Department of Labor and Industry calculates and announces the adjusted rate each October for the following calendar year.
Under current law, annual adjustments will continue indefinitely, with the amount of each adjustment not less than zero. This means the minimum wage cannot decrease, even if the CPI-U experiences negative growth. The automatic adjustment mechanism ensures Virginia’s minimum wage keeps pace with inflation without requiring new legislation for each increase.
| Future Adjustment Schedule | ||
|---|---|---|
| Virginia minimum wage adjustments based on the CPI-U formula under state law | ||
| Announcement Date | Effective Date | Rate Determination Method |
| October 2026 | January 1, 2027 | CPI-U adjustment formula |
| October 2027 | January 1, 2028 | CPI-U adjustment formula |
| Ongoing annually | Each January 1 | CPI-U adjustment formula |
The specific rates for 2027 and beyond will be calculated based on actual CPI-U data and announced by the Virginia Department of Labor and Industry each October in accordance with Va. Code § 40.1-28.10(F).
Training Wage Provisions
Virginia permits employers to pay a reduced training wage under specific conditions. According to Va. Code § 40.1-28.10(A)(2), beginning May 1, 2021, employers may pay employees enrolled in an on-the-job training program at a rate not less than the federal minimum wage ($7.25 per hour) or 75 percent of the Virginia minimum wage, whichever is greater.
For 2026, 75 percent of the Virginia minimum wage of $12.77 equals $9.58 per hour. Since this exceeds the federal minimum wage, employers utilizing the training wage provision must pay at least $9.58 per hour to qualifying trainees.
Training Wage Requirements:
- Rate: $9.58 per hour (75% of $12.77)
- Eligibility: Employees enrolled in an established employer on-the-job or other training program
- Duration: Not specified in statute; determined by training program parameters
- Authority: Va. Code § 40.1-28.10(A)(2)
Employers must ensure trainees are genuinely enrolled in a bona fide training program and must pay the full minimum wage upon completion of training. The training wage provision is limited to employees actively learning new skills in a structured program, not regular employees performing standard job duties.
Minimum Wage for Tipped Employees
No Tip Credit Allowed
Virginia does not permit employers to take a tip credit against minimum wage obligations. All employees, including those who receive tips, must be paid the full state minimum wage of $12.77 per hour before any tips are considered.
This means:
- Tipped employees receive $12.77 per hour as base compensation
- All tips earned are additional compensation beyond the minimum wage
- Employers cannot use customer tips to satisfy minimum wage requirements
- Tips belong entirely to employees and cannot be retained by employers
According to Va. Code § 40.1-28.9, in determining the wage of a tipped employee, the amount paid by the employer cannot be reduced by tips. This differs significantly from federal law, which permits employers to claim a tip credit of up to $5.12 per hour against the federal minimum wage of $7.25.
Who Qualifies as a Tipped Employee
Under Va. Code § 40.1-28.9, a “tipped employee” is defined as an employee who customarily and regularly receives more than $30 per month in tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Hair stylists and barbers
- Other service employees who receive gratuities
An employer may not classify an individual as a tipped employee if the individual is prohibited by applicable federal or state law or regulation from soliciting tips.
Tipped Employee Rights
Even though Virginia prohibits tip credits, specific rules govern tip handling:
Tip Ownership: All tips received by employees are the property of the employee. Under Virginia law, employers cannot keep any portion of tips, require employees to share tips with management, or make deductions from tips. Tips are defined as gratuities given voluntarily by customers to employees.
Employer Obligations: Employers must:
- Pay the full $12.77 per hour minimum wage in direct wages
- Maintain accurate records of tips reported by employees for tax purposes
- Ensure employees retain all tips received
- Refrain from using tips to satisfy any portion of minimum wage obligations
Service Charges: Mandatory service charges added to customer bills are not considered tips under Virginia law. Service charges are payments determined by the employer and may be retained by the employer or distributed according to the employer’s policy. Employers must clearly distinguish between voluntary gratuities (tips) and mandatory service charges.
Federal Law Considerations
While Virginia requires payment of the full state minimum wage to tipped employees, federal tax law still requires employees to report tip income. Tipped employees must report all tips to their employer if tips total $20 or more per month. Employers must withhold federal income tax, Social Security tax, and Medicare tax on reported tips.
Employees who receive less than $12.77 per hour in direct wages plus tips at any establishment should contact the Virginia Department of Labor and Industry to file a wage complaint, as Virginia law requires the full minimum wage be paid before tips.
Local Minimum Wage Ordinances in Virginia
Virginia maintains a uniform statewide minimum wage of $12.77 per hour. Individual cities and counties in Virginia do not have the authority to enact their own minimum wage rates. The Virginia Minimum Wage Act establishes a single rate applicable throughout the Commonwealth.
Uniform Statewide Application: The $12.77 per hour minimum wage applies to all jurisdictions in Virginia, including:
- All cities and counties
- Urban and rural areas
- The Commonwealth’s independent cities
- All localities regardless of cost of living differences
No Local Variations: Unlike states such as California, New York, or Washington where cities and counties may establish higher local minimum wages, Virginia law does not authorize local governments to exceed the state rate. The General Assembly has not delegated minimum wage authority to local jurisdictions.
Legal Framework: The Virginia code does not contain explicit preemption language prohibiting local minimum wage ordinances. However, the structure of the Virginia Minimum Wage Act establishes a comprehensive state regulatory scheme. Under Virginia’s legal framework, local governments possess only those powers expressly granted by the General Assembly, and minimum wage regulation has not been delegated to localities.
Employer Compliance: Employers operating in multiple Virginia locations need only comply with the single statewide rate of $12.77 per hour. This uniformity simplifies compliance and administrative processes, as businesses do not need to navigate differing local minimum wage laws across jurisdictions.
Regional Cost of Living: While Virginia’s uniform minimum wage does not account for cost of living differences between regions such as Northern Virginia (with proximity to Washington, D.C.) and rural areas, the annual CPI-based adjustment mechanism ensures the rate responds to statewide inflation trends.
Who Is Covered and Who Is Exempt
Employees Covered by Virginia Minimum Wage
Virginia minimum wage law covers most employees working in the Commonwealth. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for overtime exemption
- Hourly employees: Workers compensated on an hourly basis
- Temporary and seasonal workers: Covered at the same rate as permanent employees
- Public employees: Employees of the Commonwealth, its agencies, institutions, and political subdivisions
- Home care providers: Individuals providing home health services or personal care services
- Domestic service workers: Subject to limited exemptions described below
According to Va. Code § 40.1-28.9, the Virginia Minimum Wage Act covers “any individual employed by an employer,” including home care providers and most domestic service workers.
Exemptions from Minimum Wage Requirements
The following categories of employees are exempt from Virginia minimum wage requirements under Va. Code § 40.1-28.9:
Agricultural Workers
Persons employed as farm laborers or farm employees are exempt from Virginia minimum wage requirements. This exemption reflects the agricultural industry’s separate federal regulatory framework under the FLSA.
Certain Domestic Service Workers
Domestic service workers are exempt when:
- Babysitters employed fewer than 10 hours per week
- Domestic workers in private homes meeting specific criteria
Educational, Charitable, Religious, or Nonprofit Organizations
Persons engaged in activities of educational, charitable, religious, or nonprofit organizations are exempt where:
- The relationship of employer-employee does not, in fact, exist, or
- Services rendered to the organization are on a voluntary basis
Outside Sales Employees
Traveling salesmen or outside salesmen working on a commission basis are exempt from minimum wage requirements. Outside sales employees primarily make sales away from the employer’s place of business.
Taxicab Drivers and Operators
Taxicab drivers and operators are exempt from Virginia minimum wage requirements.
Minors Employed by Parents
Any person under the age of 18 in the employ of their parent or legal guardian is exempt.
Individuals with Disabilities (Limited)
Individuals with disabilities employed under specific conditions are exempt. Beginning July 1, 2030, this exemption becomes more limited under revised statutory language.
Students and Youth
- Full-time students enrolled in secondary school, higher education, or trade school employed fewer than 20 hours per week while school is in session
- Students participating in bona fide educational programs
- Students in work-study programs or equivalent programs at their educational institution
Federal Exemptions
Any person exempt from the federal minimum wage pursuant to 29 U.S.C. § 213(a)(3) is also exempt from Virginia’s minimum wage.
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties who meet both salary and duties tests are exempt from minimum wage requirements. These exemptions generally track federal FLSA standards.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, Virginia applies tests to determine independent contractor status, and misclassification may result in penalties and back wages. The Virginia Employment Commission and the Virginia Department of Labor and Industry both scrutinize worker classification.
Factors considered in determining independent contractor status include:
- Degree of control exercised by the hiring party
- Whether the worker is engaged in an independent business
- Method of payment (hourly wage versus project-based)
- Who provides tools and equipment
- Permanence of the relationship
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to Virginia minimum wage law must:
- Pay the applicable minimum wage for all hours worked
- Maintain accurate payroll records documenting hours worked and wages paid for at least three years
- Display required posters informing employees of minimum wage rates
- Issue compliant wage statements showing gross wages, deductions, and net pay
- Establish regular pay periods and rates of pay for all employees except executive personnel
- Pay wages promptly on regularly scheduled paydays
Recordkeeping Requirements: Under Va. Code § 40.1-29, employers must maintain payroll records for three years, including:
- Employee names and addresses
- Hours worked each workday and workweek
- Wage rates and total wages paid each pay period
- Deductions from wages
- Date and amount of each wage payment
Employers must establish regular pay periods: at least twice monthly for hourly workers and at least monthly for salaried workers.
Enforcement of Minimum Wage Law
The Virginia Department of Labor and Industry Labor and Employment Law Division enforces minimum wage requirements in Virginia. The agency:
- Investigates wage complaints filed by employees
- Conducts compliance inspections
- Issues citations and orders for wage violations
- Assists in collection of unpaid wages
- Refers cases for prosecution when appropriate
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the Virginia Department of Labor and Industry through:
- Online complaint portal: https://selfserviceportal.doli.virginia.gov/
- Phone: (804) 371-2327
- Mail: Virginia Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219
Va. Code § 40.1-27.3 prohibits retaliation against employees who file wage complaints or cooperate with investigations. Employees subjected to retaliation may seek injunctive relief, reinstatement, and compensation for lost wages and benefits.
Penalties for Minimum Wage Violations
Employers who violate Virginia minimum wage law may be subject to:
Back Wages: Under Va. Code § 40.1-28.12, employers must pay employees the difference between wages paid and the required minimum wage for all hours worked. Back wage liability typically extends for the statutory period during which records must be maintained.
Interest: Unpaid wages accrue interest at 8% per year from the date wages were due the employee. This interest compensates employees for delayed payment of earned wages.
Attorney Fees: Employees who prevail in minimum wage actions may recover reasonable attorney fees and costs incurred in pursuing the claim. This fee-shifting provision enables employees to obtain legal representation for wage claims.
Criminal Penalties: Under Va. Code § 40.1-28.11, whoever knowingly and intentionally violates any provision of the Virginia Minimum Wage Act shall be punished by a fine of not less than $10 nor more than $200. Each violation constitutes a separate offense.
Civil Enforcement: The Commissioner may bring civil actions to enforce compliance with minimum wage requirements and recover unpaid wages on behalf of employees.
Virginia Minimum Wage vs Federal Law
Virginia law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. The poster must include current wage rates, employee rights, and contact information for the Virginia Department of Labor and Industry.
Where to obtain posters:
- Download from Virginia Department of Labor and Industry website: https://doli.virginia.gov/
- Direct download: 2026 Virginia Minimum Wage Poster (PDF)
- Available languages: English
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically near time clocks, in break rooms, or at other prominent locations accessible to all workers.
Compliance: Failure to display required posters may result in citations and penalties from the Virginia Department of Labor and Industry. Employers must update posters when minimum wage rates change. The Virginia Department of Labor and Industry publishes updated posters annually to reflect the new minimum wage rate effective each January 1.
| Regional Minimum Wage Context | |
|---|---|
| Virginia's minimum wage of $12.77 can be compared to surrounding states for regional context: | |
| State | 2026 Rate |
| Virginia | $12.77 |
| Maryland | $15.00 |
| West Virginia | $11.00 |
| North Carolina | $7.25 (federal) |
| Tennessee | $7.25 (federal) |
| Kentucky | $7.25 (federal) |
Virginia’s rate exceeds those in West Virginia ($11.00) and neighboring states that adopt the federal minimum wage of $7.25 (North Carolina, Tennessee, Kentucky). However, Virginia’s rate falls below Maryland’s $15.00 minimum wage. The annual CPI adjustment mechanism in Virginia will continue to modify the Commonwealth’s rate in response to inflation.
Note: Rates shown are standard minimum wages and may not reflect local or industry-specific variations in other states.
Minimum Wage Posting Requirements
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000. Additionally, employees may be individually covered by the FLSA if their work regularly involves interstate commerce.
When State Law Applies
Because Virginia’s minimum wage of $12.77 exceeds the federal minimum, most employees working in Virginia are entitled to the higher state rate. The federal minimum serves as a fallback only for the limited category of employers covered by federal but not state law. In practice, Virginia’s minimum wage governs the vast majority of employment relationships in the Commonwealth.
For employers covered by both state and federal law, Virginia’s higher rate controls. The Virginia Minimum Wage Act explicitly requires employers to pay wages “at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage,” codifying the higher-rate principle.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal, state, or local—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Identify all minimum wage rates that may apply (federal and state)
- Determine which rates cover the specific employer and employee
- Pay the highest applicable rate
In Virginia, this comparison is straightforward: the state minimum of $12.77 consistently exceeds the federal minimum of $7.25, making the Virginia rate controlling for covered employers and employees.
Tip Credit Differential
A significant difference between Virginia and federal law concerns tipped employees. Federal law permits employers to pay tipped employees a direct cash wage of $2.13 per hour while claiming a tip credit of up to $5.12 against the federal minimum wage, provided tips plus cash wages equal at least $7.25 per hour.
Virginia law does not permit any tip credit. Employers must pay tipped employees the full $12.77 per hour minimum wage before tips. This represents a $10.64 per hour higher direct wage obligation for tipped employees in Virginia compared to the federal minimum standard.
Frequently Asked Questions: Minimum Wage in Virginia 2026
What is the minimum wage in Virginia in 2026?
The minimum wage in Virginia is $12.77 per hour as of January 1, 2026. This rate applies to all covered employees in the Commonwealth, regardless of whether they receive tips. Virginia does not have regional variations or different rates for different employer sizes.
When is the next minimum wage increase in Virginia?
The next minimum wage increase in Virginia is scheduled for January 1, 2027. The specific rate will be determined by the Virginia Department of Labor and Industry by October 1, 2026, based on the increase in the Consumer Price Index for all items, all urban consumers (CPI-U) during 2025. Future increases will occur annually on January 1 using the same CPI-based formula.
Does Virginia allow tip credit?
No, Virginia does not allow tip credit. All employees, including those who receive tips, must be paid the full minimum wage of $12.77 per hour in direct wages. Tips are additional compensation beyond the minimum wage. This differs from federal law, which permits a tip credit of up to $5.12 per hour.
Are there different minimum wages in different cities in Virginia?
No, Virginia maintains a uniform statewide minimum wage of $12.77 per hour. Individual cities and counties do not have authority to establish their own minimum wage rates. The state rate applies uniformly throughout all jurisdictions in Virginia.
Who is exempt from minimum wage in Virginia?
Common exemptions from Virginia minimum wage include agricultural workers (farm laborers and farm employees), certain domestic service workers (such as babysitters working fewer than 10 hours per week), employees of educational or charitable organizations where no employment relationship exists, outside sales employees, taxicab drivers, minors employed by their parents, and executive, administrative, and professional employees meeting salary and duties tests. Most hourly workers, including part-time employees, are covered.
What happens if an employer pays below minimum wage in Virginia?
Employers who pay below minimum wage face back wage liability for the unpaid amount plus interest at 8% per year. Employees may recover reasonable attorney fees and costs if they prevail in wage claims. Criminal penalties include fines between $10 and $200 for knowing and intentional violations. Employees can file complaints with the Virginia Department of Labor and Industry to recover unpaid wages. Virginia law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in Virginia?
Yes, all employers in Virginia must pay minimum wage regardless of size. The Virginia Minimum Wage Act applies to employers operating a business in the Commonwealth or engaging individuals to perform domestic service, with no minimum employee threshold. Even businesses with one employee must comply with the $12.77 hourly rate.
Is Virginia’s minimum wage higher than the federal minimum?
Yes, Virginia’s minimum wage of $12.77 is $5.52 higher than the federal minimum wage of $7.25. Employers in Virginia must pay the higher state rate. Virginia’s minimum wage has exceeded the federal rate since May 1, 2021, when Virginia implemented the first phase of its minimum wage increase legislation.
How often does Virginia increase its minimum wage?
Virginia adjusts its minimum wage annually on January 1 based on the Consumer Price Index for all items, all urban consumers (CPI-U). The Virginia Department of Labor and Industry calculates and announces the new rate each October. This automatic adjustment mechanism began January 1, 2025, and will continue annually indefinitely.
Can employers pay less than minimum wage during training?
Virginia permits employers to pay a training wage of $9.58 per hour (75% of the $12.77 minimum wage) to employees enrolled in an established employer on-the-job or other training program, provided this amount is greater than the federal minimum wage. The training wage applies only to employees genuinely enrolled in bona fide training programs. After completing training, employers must pay the full minimum wage.
How to file a minimum wage complaint in Virginia
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the Virginia Department of Labor and Industry. Filing methods include:
- Online portal: https://selfserviceportal.doli.virginia.gov/
- Phone: (804) 371-2327
- In-person: Virginia Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219
- Mail: Virginia Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219
The Virginia Department of Labor and Industry will investigate the complaint and may recover unpaid wages on behalf of the employee. Virginia law prohibits employer retaliation against workers who file wage complaints or participate in investigations. Employees subjected to retaliation may seek reinstatement, back pay, and other remedies.
Do remote workers in Virginia get the Virginia minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in Virginia are typically entitled to Virginia’s minimum wage of $12.77 per hour, even if their employer is based in another state. Employers should consult legal counsel to determine wage obligations for remote workers, as application may depend on factors including the employee’s work location, the employer’s business presence, and applicable state laws. Since Virginia has no local minimum wage variations, remote workers in any Virginia location are entitled to the same $12.77 hourly rate.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Primary Legal & Government Sources | ||
|---|---|---|
| Verified statutory and government references for Virginia minimum wage compliance (2026): | ||
| Source | Last Verified | Access Method |
| Virginia statutes (Va. Code § 40.1-28.8 et seq.) | February 3, 2026 | Virginia Legislative Information System |
| Virginia Department of Labor and Industry | February 3, 2026 | Official website and 2026 minimum wage announcement |
| Fair Labor Standards Act | February 3, 2026 | U.S. Department of Labor |
| 2026 Virginia Minimum Wage Poster | February 3, 2026 | DOLI Official Poster (PDF) |