Employment and labor laws in Virginia [Updated 2026]

Key takeaways

• Virginia's minimum wage is $12.77/hr as of January 1, 2026, with scheduled increases to $13.75/hr in 2027 and $15.00/hr in 2028.

• Virginia's new pay transparency law (HB 636/SB 215) took effect July 1, 2026, requiring employers to post wage ranges in all job listings and banning salary history inquiries.

• New non-compete restrictions (SB 170) effective July 1, 2026 make non-competes unenforceable when employees are terminated without cause and no severance is disclosed.

• Virginia has no state-mandated meal or rest break requirements for adult employees. Federal FLSA guidelines apply.

• The Virginia Human Rights Act (VHRA) prohibits discrimination based on 18+ protected characteristics, including race, sex, gender identity, sexual orientation, age, and disability.

• Virginia is a right-to-work state: employees cannot be required to join a union or pay union dues as a condition of employment.

• Virginia operates under at-will employment, meaning either party can end the employment relationship at any time without cause.

Employment laws protect workers from discrimination and dangerous work conditions. Employers who break these rules can face severe consequences. While federal laws exist in the US, each state and city may have different legal requirements.

The Commonwealth of Virginia has implemented many changes in the last few years, from a higher minimum wage to pay transparency and pregnancy disability laws. There are a lot of changes to Virginia labor laws to keep up with if you decide to expand your operations to the Old Dominion.

Employment vs. labor law: What's the difference?

Employment law and labor law may overlap in some areas, but they are distinct fields with unique legal issues related to work. Employment law concerns the relationship between an employer and an individual employee. On the other hand, labor law deals with the relationship between an employer and organized collective groups like labor unions.

Here's more detail on each category:

• Employment law covers wages, hours, overtime, anti-discrimination protections, leaves of absence, workplace safety, and the employment contract between an employer and individual worker.

• Labor law governs the relationship between employers and organized groups of workers, including union formation, collective bargaining, strikes, and union membership.

Wages and hours in Virginia

In Virginia, the Department of Labor and Industry (DOLI) enforces the federal Fair Labor Standards Act (FLSA) and Virginia's Minimum Wage Act. The FLSA sets baseline requirements for minimum wage, overtime, and child labor.

Minimum wage in Virginia

Virginia's expanded minimum wage law, effective May 2021, applies to most employers and employees but excludes agricultural workers, domestic servants, and casual employees.

As of January 1, 2026, the minimum wage in Virginia is $12.77 per hour, up from $12.41 in 2025. Legislation (HB 1/SB 1, signed April 2026) sets further increases: $13.75/hr on January 1, 2027 and $15.00/hr on January 1, 2028. After 2028, annual adjustments will be determined by the commissioner.

A tipped employee's combined hourly wages and tips must meet the minimum wage rate of $12.77 per hour (as of January 1, 2026). If an employee falls short of this rate, the employer is responsible for covering the difference.

The Virginia Minimum Wage Act will phase out the subminimum wage in the state. Effective July 1, 2026, employers must pay subminimum wage employees at a rate at least equal to the state minimum wage.

The company must pay trainees under 20 years of age a minimum wage of $4.35, but only for the first 90 days of employment.

Overtime pay in Virginia

In Virginia, employees are subject to federal overtime laws since no state-specific overtime regulations exist. The FLSA requires employers to pay non-exempt employees 1.5 times their regular rate for all hours worked beyond 40 in a workweek.

Pay transparency in Virginia

Pay transparency laws are gaining momentum in states across the US. They differ depending on the state but generally mandate that employers are open and fair about disclosing salary ranges and total compensation to job seekers and current employees.

Virginia enacted HB 636/SB 215, signed by the Governor on April 22, 2026, which took effect July 1, 2026. Virginia became the first Southern state to enact a pay transparency law. Key requirements include:

• Employers must disclose the wage, salary, or wage/salary range in every public and internal job posting (no employee headcount threshold).

• Employers may not seek or rely on a prospective employee's salary history when setting pay, with a limited exception if the applicant voluntarily discloses their history to support a higher offer.

• Ranges must be set and disclosed in good faith.

• Violations carry civil penalties of up to $1,000 for a first offense and up to $5,000 for subsequent violations.

Non-compete agreements in Virginia

Effective July 1, 2026, Virginia significantly restricted the use of non-compete agreements under SB 170 and related legislation:

• Non-competes are unenforceable against employees terminated without cause unless the employer disclosed severance terms in advance.

• Restrictive covenants (non-competes and non-solicitation agreements) for healthcare professionals are sharply limited.

• Virginia already banned non-competes for low-wage workers (those earning at or below the average weekly wage) under a 2020 law.

Breaks and rest periods in Virginia

Virginia has no laws regarding meal breaks or rest periods for employees. However, individuals under 16 aren't permitted to work more than five hours without a 30-minute break.

Employers in Virginia must provide unpaid break time and a suitable space for breastfeeding employees to express milk, following federal requirements.

Leaves of absence in Virginia

Virginia has a mixture of state and federal regulations in place regarding leave.

Vacation leave

In Virginia, employers aren't legally obligated to offer employees paid or unpaid vacation time. However, if an employer provides vacation leave, it must follow the terms stated in its policy or employment contract.

Family and medical leave

In Virginia, no state laws or regulations offer employees extra medical or family leave beyond the federal FMLA. However, the federal Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid leave per year for qualifying reasons.

On January 31, 2025, the House Committee proposed a bill that would introduce a paid family and medical leave program in Virginia. The bill has not yet passed.

Military leave

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who leave work for military service are entitled to return to their jobs without losing seniority or benefits.

The Virginia Military Leave Act (VMLA) offers extra safeguards for Virginia workers who are in the military. According to the VMLA, employees can take an unlimited amount of unpaid leave for active military service.

Jury duty leave

If an employee receives a jury summons or serves on a jury, their employer isn't permitted to penalize them, threaten to terminate them, or terminate them because of this.

Voting leave

Virginia state employers aren't legally obligated to give their employees time off to vote. However, state and local government employees have the right to take paid leave for voting.

Holiday leave

Private employers in Virginia aren't required to provide paid or unpaid holiday leave to employees.

Pregnancy disability leave in Virginia

Effective July 2021, Virginia enacted a law mandating that all new short-term disability plans must include pregnancy and childbirth-related disabilities.

Paid sick leave in Virginia

Employees who get sick and can't work might qualify for unpaid leave under the FMLA. Virginia does not have a statewide paid sick leave law for most workers; however, home health workers are entitled to paid sick leave under state law.

Workplace safety in Virginia

According to Virginia's employment laws, all employees have the legal right to work in a safe environment. Virginia Occupational Safety and Health (VOSH) has jurisdiction over workplace safety in Virginia and operates under the federal OSHA framework.

OSHA states that employers are required to:

• Provide a hazard-free workplace.

• Continually inspect for flaws and irregularities.

• Immediately fix identified problems.

• Follow all OSHA standards and regulations.

Virginia also added additional safety standards in the general industry (telecom, agriculture, maritime) and construction sectors.

Employers in Virginia must have a written Safety, Health, and Injury and Illness Prevention Plan (IIPP) manual, plan, and program.

On March 7, 2025, the Virginia General Assembly passed a bill that would require all Virginia employers with 25 or more employees to provide mental health first aid training to supervisors.

Discrimination and harassment laws in Virginia

The Virginia Human Rights Act aims to protect all individuals in the Commonwealth from unlawful discrimination. The VHRA covers employers with 5 or more employees for most protections, and employers with 15 or more employees for disability discrimination claims.

• Race, color, national origin

• Sex, gender identity, sexual orientation

• Religion

• Age (40+)

• Disability

• Pregnancy, childbirth, or related conditions

• Military status

Any act that violates Virginia or federal statutes and regulations on discrimination is considered an unlawful discriminatory practice.

Workplace harassment includes offensive words, physical violence, sexual advances, intimidation, or displaying inappropriate images that interfere with work. Isolated incidents typically don't qualify unless severe.

Harassment in the workplace is a serious issue that can come from anyone. Making a complaint is an employee right, and employers can't retaliate against employees for making a complaint in good faith.

Legal requirements for sexual harassment training: While not mandated by Virginia state law from private-sector employers, sexual harassment training is required from government contractors and subcontractors.

Unions in Virginia

A labor union is an organization formed by workers to protect and advance their rights and interests in the workplace. They engage in collective bargaining, which involves negotiating with employers for better wages, benefits, and working conditions.

• Under the National Labor Relations Act (NLRA), all US employees have the right to organize or become a part of a labor union and engage in negotiations with their employer.

• Employees can choose representatives who can collectively negotiate favorable contracts that establish their working conditions.

• Employees may take collective action by filing a complaint with their employer or the government or by striking and picketing under certain conditions.

According to the NLRA, employers can't terminate employees or take negative actions, such as demotion, bribery, or threats against them, if they join or support a union.

Virginia is a right-to-work state, so employees can't be forced to join a union or pay union dues as a condition of employment.

How Rippling supports Virginia labor law compliance

Virginia's labor landscape is one of the more active in the South — from new pay transparency requirements under HB 636 and SB 215 to tightened non-compete limits under SB 170 and broad anti-discrimination protections under the Virginia Human Rights Act. Rippling helps Virginia employers build the systems they need to stay compliant across HR, payroll, and workforce management.

• Rippling HR Services: helps Virginia businesses manage HR administration, onboarding documentation, and compliance processes, including support for Virginia's pay equity and salary range disclosure requirements.

• Rippling Payroll: automates wage calculations, overtime, and tax withholding in line with Virginia's progressive minimum wage schedule and the Virginia Overtime Wage Act.

• Rippling HRIS: centralizes employee records and documentation, making it easy to maintain audit-ready files for VHRA claims or DOL inquiries.

• Rippling Time and Attendance: tracks hours, leave balances, and break compliance, supporting Virginia's FMLA obligations and minor employee protections.

• Rippling Headcount Planning and Compensation Bands: centralizes headcount planning and compensation management so employers can maintain pay equity, set consistent salary ranges, and stay ahead of Virginia's pay transparency requirements under HB 636.

• Rippling LMS: delivers ready-to-use compliance and harassment training courses, helping employers meet training best practices and reduce legal risk across their workforce.

FAQs about Virginia labor and employment laws