Virginia Labor Laws 2026: A Complete Guide for HR & Employer Compliance

Accurate as of May 2, 2026. This guide is informational and not legal advice. For specific situations, consult licensed Virginia employment counsel.

Virginia rebuilt large parts of its employment law framework in the 2026 General Assembly session, and the changes go live on a tight schedule. The state minimum wage moved to $12.77 on January 1, 2026, with statutory increases to $13.75 on January 1, 2027 and $15.00 on January 1, 2028. The Virginia Human Rights Act now reaches employers with five or more employees instead of fifteen, and the statute of limitations for discrimination claims jumped from 300 days to two years. Pay transparency, an expanded non-compete ban, the first paid family and medical leave program in the South, and a new wage theft enforcement regime all take effect July 1, 2026.

This guide covers what HR teams running people in Virginia need on hand for 2026 and 2027: the wage and hour rules under the Virginia Overtime Wage Act, the layered leave landscape (current home health worker paid sick leave plus the 2028 PFML rollout), the rebuilt VHRA and pregnancy accommodation requirements, the new pay transparency and salary history rules, the cannabis off-duty conduct posture, the independent contractor framework, and the wage theft penalties that triple damages for knowing violations. The aim is to be more useful than a state-bar alert and more current than the labor department FAQs.

Compliance-heavy states like Virginia reward HR teams that document early and consolidate employee relations work in one place. If that maps to where your team is heading, an HR case management platform built for compliance-heavy states is worth a closer look.

The 2026 Virginia Employment Law Updates HR Teams Should Know First

Several Virginia-specific items take effect or become enforceable during 2026. The headline list below gets full treatment further down. Read the headlines, then jump to the section that matters to your operation.

• Minimum wage moved to $12.77 on January 1, 2026, with the new statutory schedule pushing the rate to $13.75 on January 1, 2027 and $15.00 on January 1, 2028.
• Pay transparency in every job posting (HB 636 / SB 215) takes effect July 1, 2026. Wage or salary range required in public and internal postings, with $1,000 first-violation and $5,000 subsequent-violation civil penalties.
• Salary history ban (same bills) prohibits asking applicants for prior pay or relying on pay history when making hiring decisions, effective July 1, 2026.
• Virginia Human Rights Act coverage drops to 5 employees from 15 (SB 637), effective July 1, 2026, and the discrimination charge filing window extends from 300 days to two years.
• Non-compete ban expansion to health care professionals and "without cause" terminations (SB 170), effective July 1, 2026. Builds on the 2025 expansion that already swept in all FLSA non-exempt employees regardless of pay.
• Paid Family and Medical Leave program (SB 2 / HB 1639) signed into law April 22, 2026. VEC begins collecting contributions April 1, 2028; benefits start December 1, 2028. Up to 12 weeks at 80% of average weekly wage, capped at $1,507.01 per week.
• DOLI enforcement powers expanded (HB 238) on July 1, 2026. The Commissioner can now initiate wage investigations on a complaint from any interested third party, and can enter the employer's premises to inspect records.
• Heat illness rulemaking directed (HB 1092 / SB 288). The Safety and Health Codes Board must adopt indoor and outdoor heat standards by May 1, 2028.

Each item gets a full treatment below, with the bill numbers, statutes, and dollar amounts you need to brief your leadership and update your policies before the July 1 cutover.

Virginia Minimum Wage in 2026

Virginia's minimum wage rose to $12.77 per hour on January 1, 2026. The increase came from a CPI calculation written into the prior schedule: the 2025 rate of $12.41 plus the 2.9% Consumer Price Index increase for 2024 produced the new floor.

The Virginia Department of Labor and Industry administers the rate and publishes the annual minimum wage poster employers must post.

Where is the Virginia minimum wage headed next?

Governor Spanberger signed legislation in April 2026 that wrote a new escalator into the statute. The schedule:

• January 1, 2026: $12.77 per hour
• January 1, 2027: $13.75 per hour
• January 1, 2028: $15.00 per hour

After the $15.00 floor lands in 2028, the rate is scheduled to adjust annually with the Consumer Price Index. HR teams running multi-state payroll should set calendar reminders 60 days ahead of each January 1 increase to update pay rates and review the salary basis for any employees near the exempt salary threshold.

Are there local minimum wages in Virginia cities?

No. Unlike states that allow city or county minimum wage ordinances (California, Washington, Maryland), Virginia preempts local wage-setting. The state floor is the floor everywhere from Bristol to Arlington.

What is the Virginia tipped minimum wage?

Virginia follows the federal tipped minimum cash wage of $2.13 per hour for tipped employees, with the employer claiming a tip credit to bring total compensation to the full minimum wage. If tips do not bring the worker to the full minimum, the employer must make up the difference. For a current $12.77 minimum, that maximum tip credit is $10.64 per hour.

Virginia Overtime Wage Act (VOWA)

The Virginia Overtime Wage Act sits in Virginia Code § 40.1-29.2. The original 2021 version diverged sharply from the federal Fair Labor Standards Act and triggered widespread compliance confusion. The General Assembly amended VOWA effective July 1, 2022 to expressly incorporate FLSA exemptions, calculation methods, and overtime standards.

In practice, that means Virginia overtime tracks federal law for who is exempt and how the regular rate is calculated. Where Virginia still diverges is on remedies and the statute of limitations.

How does VOWA differ from the federal FLSA?

Three differences matter most:

• Three-year statute of limitations on overtime claims, versus two years under the FLSA (three for willful violations).
• Mandatory double damages for any failure to pay required overtime.
• Triple damages plus 8% annual interest for "knowing" violations.

Those penalties are not theoretical. Virginia plaintiffs' lawyers actively pursue collective actions under VOWA because the damages math beats a parallel FLSA claim. Overtime classification audits are worth the time before the next pay raise pushes a borderline employee back across the exempt salary threshold.

What is the overtime rate in Virginia at the new minimum wage?

A full-time non-exempt employee paid at the $12.77 minimum earns $19.16 per hour for any hour over 40 in a workweek. When the rate rises to $13.75 on January 1, 2027, the overtime rate moves to $20.63.

Virginia Pay Transparency and Salary History Restrictions

House Bill 636 and Senate Bill 215, enacted on April 22, 2026, install Virginia's first comprehensive pay transparency regime. The rules take effect July 1, 2026.

What pay information must Virginia employers disclose?

Every public and internal posting for a job, promotion, transfer, or other employment opportunity must include the wage, salary, or wage or salary range for the position. The range must be set in good faith. Statute lets the employer point to factors the agency will weigh when assessing good faith:

• Existing pay scale for the role
• Previously determined range already in use
• Actual pay range for current employees in comparable positions
• Budgeted amount for the position

Breadth of the range is itself a factor. A $40,000 to $400,000 "range" for an account executive role is the kind of posting the law was written to flag.

Can Virginia employers still ask about salary history?

No. The same legislation prohibits employers from seeking the wage or salary history of a prospective employee or relying on that history when considering the individual for employment. Employers also cannot refuse to interview, hire, employ, or promote a candidate because the candidate did not provide salary history or did not provide a salary range.

Voluntary disclosure by the candidate, after an initial offer is on the table, is the narrow carve-out. Recruiters who have built scripts around "what's your current comp?" need new scripts before July 1, 2026. Pay range disclosures in postings should be reviewed alongside intake forms and ATS templates.

What are the penalties for a pay transparency violation?

Civil penalties scale with violation count:

• Up to $1,000 for the first violation
• Up to $5,000 for subsequent violations

Before an aggrieved candidate can sue for a posting that omits a range or sets a range in bad faith, the law gives employers 15 business days after written notice to correct the posting. That 15-day cure period is the practical safety valve, but only if HR catches the notice and acts on it. Establish a dedicated inbox for these notices and an escalation path.

Virginia Human Rights Act in 2026

Senate Bill 637 reshaped the Virginia Human Rights Act. The two structural changes hit on July 1, 2026.

Which Virginia employers are covered by the VHRA in 2026?

Coverage drops to five or more employees for unlawful discharge claims. The previous tiered thresholds (15 for most claims, 5 for unlawful discharge) collapse into a single five-employee threshold. The same five-employee threshold also applies to age discrimination claims, which previously had a higher coverage cutoff.

The practical effect: thousands of small Virginia employers that operated outside Title VII's 15-employee floor are now squarely inside the state civil rights statute and the agency that enforces it.

How long do employees have to file a discrimination charge?

Two years. SB 637 extends the filing window for discrimination charges from 300 days to two years. That triples the look-back period for an aggrieved employee, and triples the lookback period an HR team needs to defend in a workplace investigation.

Documentation discipline becomes more important under the longer window. Performance management notes, accommodation discussions, and complaint intake records that used to "age out" in roughly ten months now stay relevant for two years. Centralized case records help.

What protected categories does the VHRA cover?

The VHRA prohibits discrimination on the basis of race, color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity, marital status, age, military status, and disability. The Act also prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings under the statute.

A separate bill (HB 1173 / SB 258) that would have added menopause and perimenopause to the protected categories was not signed in its passed form. The Governor instead recommended a workforce study, due by January 1, 2028.

Does Virginia require sexual harassment training?

Not for general private employers. Virginia's only statutory training mandates currently apply to legislative branch employees and to certain state contractors with contracts over $10,000 and five or more employees in Virginia. Most private employers are free to set their own sexual harassment training cadence. Training remains a meaningful affirmative defense in hostile environment claims, and the longer two-year filing window makes a documented annual program more valuable than ever.

Virginia Pregnancy Accommodation Law

Virginia Code § 2.2-3909 requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship. The statute applies to employers with five or more employees.

What accommodations does the law list?

The statute itself names common accommodations to anchor the analysis:

• More frequent or longer bathroom breaks
• Breaks to express breast milk
• Access to a private location other than a bathroom for milk expression
• Modified seating or modified equipment
• Temporary transfer to a less strenuous or hazardous position
• Assistance with manual labor
• Job restructuring or modified schedule
• Light-duty assignments
• Leave

What notice requirements apply?

Employers must:

• Post information about pregnancy accommodation rights in a conspicuous workplace location.
• Include the same information in any employee handbook.
• Provide the information directly to new employees at the start of employment.
• Provide the information to a pregnant employee within 10 days of receiving notice of the pregnancy.

An employee or applicant denied a required accommodation may bring a private action in general district or circuit court. Document accommodation requests and the interactive process the same way you document ADA accommodations. The analytical framework is similar but the statute applies to many more Virginia employers because of the five-employee floor. Pregnancy discrimination prevention needs to live in your manager training.

Paid Family and Medical Leave Insurance Program

Senate Bill 2 and House Bill 1639, signed by Governor Spanberger on April 22, 2026, make Virginia the first Southern state with a state-run paid family and medical leave insurance program. The structure resembles unemployment insurance: a payroll-funded portable benefit administered by the Virginia Employment Commission.

When does Virginia PFML start?

Two dates matter:

• April 1, 2028: VEC begins collecting payroll contributions from employers and workers.
• December 1, 2028: Benefits become payable to eligible workers.

That two-year runway is the entire window to update payroll systems, employee handbooks, leave-stacking interactions with FMLA and ADA, and short-term disability policies that will need to coordinate with state benefits.

How much paid leave does the program provide?

Up to 12 weeks of paid leave per benefit year, payable at 80% of the worker's average weekly wage up to a cap of $1,507.01 per week. Eligible reasons mirror most state PFML programs:

• Bonding with a new child (birth, adoption, foster placement)
• Care for a family member with a serious health condition
• The worker's own serious health condition

Who pays for the program?

Funding splits between employers and employees:

• Employers with at least 11 employees remit both the employer and employee portions of the contribution. Up to 50% of the total contribution may be deducted from employee wages.
• Employers with 10 or fewer employees are exempt from the employer portion. They still must remit the employee contribution.

Virginia Paid Sick Leave for Home Health Workers

Until the broader PFML program goes live, Virginia's existing paid sick leave statute covers a narrow but important slice of the workforce: home health workers serving the consumer-directed Medicaid program.

Who qualifies for Virginia paid sick leave today?

Virginia Code §§ 40.1-33.3 through 40.1-33.6 cover home health care workers who:

• Provide personal care, respite, or companion services to recipients of consumer-directed services under Virginia's Medicaid plan
• Work at least 20 hours per week or 90 hours per month

How does accrual work?

Eligible workers accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year. Accrued time may be used for the worker's own illness, to care for a covered family member's illness, for medical diagnosis or treatment, or for preventative care.

A 2025 House bill (HB 1921) would expand paid sick leave well beyond home health workers, with a delayed effective date of July 1, 2027. The bill passed the House but full enactment status should be verified before relying on it. Sick leave policy design should anticipate broader coverage.

Virginia Final Paycheck Rules

Virginia takes a permissive line on final pay timing compared to states like California or Massachusetts. Under Virginia Code § 40.1-29, an employee whose employment ends, voluntarily or involuntarily, must receive all wages due on or before the next regular payday for the pay period in which the separation occurred.

Final paycheck quick reference

• Termination: next regular payday
• Resignation: next regular payday
• Layoff: next regular payday
• Includes: regular wages, commissions, bonuses, accrued sick or vacation pay if owed under company policy
• Permitted deductions: payroll, wage, or withholding taxes; or deductions authorized by law; or deductions with the employee's signed written authorization

Unlike California's "wages due immediately at termination" rule and the resulting waiting time penalties, Virginia does not assess a separate penalty for late final pay. The consequences come from the broader wage payment statute described next.

Virginia Wage Payment Act and Wage Theft

Virginia Code § 40.1-29 also serves as the state's central wage payment statute. The penalty structure is one of the most aggressive in the South.

What are the criminal penalties for wage theft?

An employer that willfully and with intent to defraud fails to pay wages is guilty of:

• Class 1 misdemeanor if unpaid wages are less than $10,000
• Class 6 felony if unpaid wages are $10,000 or more
• Class 6 felony for any second or subsequent conviction under the section

What are the civil penalties?

Any employer that knowingly fails to pay wages is subject to a civil penalty up to $1,000 per violation. The Commissioner weighs the size of the business and the gravity of the violation when setting the amount.

What can an employee recover in a private wage action?

A Virginia employee may sue individually or as part of a collective action. Available recovery:

• Wages owed
• Liquidated damages equal to the unpaid wages (so the employee recovers double)
• Prejudgment interest
• Reasonable attorney fees and costs

For knowing failures to pay, the employee can recover triple the amount of unpaid wages, plus attorney fees and costs and a civil penalty up to $1,000 per violation. Payroll records are the first line of defense in any of these claims. Keep them organized and accessible.

How does HB 238 expand DOLI enforcement on July 1, 2026?

HB 238 broadens the Virginia Department of Labor and Industry's authority in three important ways:

• Third-party complaints now trigger investigations. Previously the employee had to bring the complaint; now any interested third party can.
• Commissioner discretion to launch an investigation without any complaint at all.
• Premises inspection authority: DOLI representatives may enter the employer's premises and review records on site.

The same bill expands available remedies for misclassification of independent contractors to include all relief under the Virginia Wage Payment Act, meaning automatic double damages, prejudgment interest, attorney fees, and triple damages for knowing violations.

Virginia Non-Compete Restrictions

Virginia Code § 40.1-28.7:8 prohibits non-compete agreements with "low-wage" employees. The 2025 amendment to the statute, signed by then-Governor Youngkin and effective July 1, 2025, redefined "low-wage employee" to cover every worker who is non-exempt under the FLSA, regardless of compensation. The 2026 SB 170 expansion goes further, taking effect July 1, 2026.

Who is barred from signing a Virginia non-compete?

Under the current statute, Virginia bans non-competes with:

• All FLSA non-exempt employees, regardless of how much they earn (effective July 1, 2025)
• All "health care professionals" as a newly added category (effective July 1, 2026)
• Employees whose primary earnings come from sales commissions, incentives, or bonuses remain excluded from the protection. The prior carve-out survives

Agreements signed before July 1, 2025 are not retroactively invalidated, but new or renewed agreements after that date have to comply with the expanded definition.

When does SB 170 prohibit enforcement of an otherwise-valid non-compete?

Effective July 1, 2026, an employer cannot enforce a non-compete if the employer discharges the employee without cause and does not provide severance benefits or other monetary payment. The statute lines up Virginia with a growing trend in other states tying enforceability to the employer's conduct at separation.

What are the penalties for a violation?

Employers that enter into, enforce, or threaten to enforce a covenant not to compete against a low-wage employee may face:

• Injunctive relief
• Damages, including liquidated damages
• Attorney fees and costs
• Civil penalty of $10,000 per violation

Audit your existing non-compete templates against the FLSA classification of every employee you ask to sign one. Non-compete agreement reviews should be quarterly, not annual, given the pace of change in this area.

Virginia Ban-the-Box and Background Check Rules

Virginia's "ban-the-box" rules are narrower than statutes in California or New York, but the marijuana-specific protections are unusual and worth attention.

What does Virginia's marijuana ban-the-box law cover?

Virginia Code § 19.2-389.3 prohibits employers and educational institutions from requiring an applicant to disclose information concerning any arrest, criminal charge, or conviction for simple possession of marijuana. The same prohibition extends to applications for a license, permit, or registration. Willful violations are a Class 1 misdemeanor.

What about other criminal history questions?

Virginia Code § 15.2-1505.3 prohibits public employers (state and local government) from asking about criminal history on employment applications. Private employers are not subject to a general ban-the-box requirement under state law, but they remain subject to:

• Federal FCRA requirements for consumer reports, including pre-adverse and adverse action notices
• EEOC guidance on disparate impact analysis when conviction information drives a hiring decision
• Local ordinances in jurisdictions like Alexandria or Fairfax County that may impose additional requirements

A Virginia background check program should walk through background investigation best practices for every adverse decision, not just decisions that touch the marijuana exclusion.

Cannabis and Off-Duty Conduct in Virginia

Virginia legalized adult-use marijuana possession in 2021 but did not extend recreational off-duty conduct protection to employees. The protections that exist are narrower.

Are recreational marijuana users protected from employment discipline?

No. Virginia employers may take adverse employment action, including termination, for off-duty recreational marijuana use, possession, or a positive drug test. Recreational users have no statutory employment protection under Virginia law.

Are medical cannabis oil users protected?

Yes, in a limited way. Effective July 1, 2021, Virginia Code § 40.1-27.4 prohibits an employer from discharging, disciplining, or discriminating against an employee for the lawful use of cannabis oil pursuant to a valid written certification from a practitioner. The protection has important limits:

• Workplace impairment: employers may take adverse action for any work impairment caused by cannabis oil use
• Federal contracts and federal funding: nothing requires an employer to act in a way that would put a federal contract or federal funding at risk
• Reasonable workplace policies: employers may still adopt and enforce reasonable zero-tolerance, drug-free workplace, drug testing, or use-in-the-workplace policies, applied non-discriminatorily
• Safety-sensitive positions: DOT-regulated drivers and other federally regulated safety roles are not protected

The right policy for most Virginia employers is to keep recreational use out of the drug-testing exclusion list, while building an interactive process for cannabis oil users that mirrors a disability accommodation conversation.

Independent Contractor Classification in Virginia

Virginia uses different tests in different statutory contexts. The consequential ones for HR teams:

What test applies for unemployment insurance?

Virginia Code § 60.2-229 applies the Virginia ABC test for unemployment insurance coverage. The presumption is that a worker is an employee unless the putative employer establishes, with proof, that the worker meets the test. Virginia uses a modified version where workers may qualify under either Conditions A and B, or Conditions A and C.

• Prong A: The worker is free from control and direction in performing services, both in contract and in practice.
• Prong B: The service is performed either outside the usual course of business or outside all places of business of the employer.
• Prong C: The worker is customarily engaged in an independently established trade, occupation, profession, or business.

What test applies for misclassification under the Wage Payment Act?

Virginia Code § 40.1-28.7:7, the misclassification statute enacted in 2020, borrows the federal IRS multi-factor common-law test. A worker is presumed to be an employee unless the worker meets the IRS standard for independent contractor status. HB 238 expanded the available remedies for misclassification effective July 1, 2026 to include all the relief under the Virginia Wage Payment Act, with double damages by default and triple damages for knowing violations.

Run a documented classification audit at least annually for every worker treated as a 1099. Do another whenever an existing engagement materially changes scope. Independent contractor misclassification disputes are some of the most expensive employment claims in Virginia after the 2026 amendments.

Virginia Workplace Safety (VOSH)

Virginia is one of 22 states that runs its own state plan under federal OSHA. The Virginia Occupational Safety and Health (VOSH) Program operates through the Virginia Department of Labor and Industry and adopts most federal OSHA standards while having authority to issue stricter state-specific rules.

Does Virginia have a heat illness prevention standard?

Not yet, but legislation enacted in 2026 directs the state to write one. House Bill 1092 and Senate Bill 288 require the Safety and Health Codes Board to develop heat illness prevention standards for both indoor and outdoor work environments. Adoption deadline: May 1, 2028.

In drafting the rule, the Board has been instructed to evaluate the 2021 draft Virginia heat standard and standards from federal OSHA, NIOSH, ACGIH, ANSI, Maryland MOSH, Oregon OSHA, and Cal/OSHA. Outdoor employers (landscaping, construction, agriculture, warehousing without conditioned air, utilities) should expect a Virginia rule meaningfully stricter than the current federal General Duty Clause approach.

What other VOSH-specific standards apply?

Virginia adopted a COVID-19 standard during the pandemic (subsequently revoked) and continues to maintain its own standards in areas like fall protection in steel erection, telecommunications, and construction industry-specific topics. OSHA violations in Virginia are processed through DOLI's enforcement structure, not federal OSHA, with many inspections triggered by employee complaints.

How does Virginia injury reporting work?

Virginia covered employers must report:

• Within 8 hours: any work-related fatality
• Within 24 hours: any work-related inpatient hospitalization, amputation, or loss of an eye

VOSH maintains parallel OSHA 300 log and OSHA 301 incident report obligations consistent with federal recordkeeping rules.

Virginia Mass Layoffs and the WARN Act

Virginia does not have a state mini-WARN statute. Mass layoffs and plant closings are governed entirely by the federal Worker Adjustment and Retraining Notification Act.

What does federal WARN require for Virginia layoffs?

The federal statute applies to employers with 100 or more employees and triggers a 60-day advance notice obligation when:

• 50 or more employees at a single site of employment lose their jobs in a plant closing
• 50 to 499 employees are laid off in a 30-day period and constitute at least 33% of the active workforce at the site
• 500 or more employees are laid off at a single site in a 30-day period (no percentage requirement)

Notice goes to affected workers (or their union representatives), the Virginia Workforce Development Agency's State Rapid Response Coordinator, and the chief elected official of the local government where the affected site sits. Run any planned reduction in force through legal counsel before issuing notices.

Virginia Meal and Rest Break Rules

Virginia does not require meal or rest breaks for adult employees. Any breaks an adult worker receives are at the employer's discretion or under terms of an employment contract.

What break rules apply to minor employees?

Minors under 16 must receive a 30-minute meal break for every 5 consecutive hours worked. If the employee continues to perform any duties during the break, the time must be paid. Virginia child labor violations carry civil penalties between $500 and $2,500 per violation.

Federal FLSA rules continue to apply: when a covered employer offers short rest breaks (typically 5 to 20 minutes), the time must be paid. Bona fide meal periods of 30 minutes or more during which the employee is completely relieved of duty may be unpaid.

Virginia Jury Duty, Voting, and Other Leave Categories

Virginia's smaller leave categories sit in different parts of the code and are sometimes missed during handbook updates.

What is required for jury duty leave?

Employers must give employees unpaid, job-protected leave to attend jury selection or jury duty. An employee who serves four or more hours in a day (including travel time) is excused from any work shift starting after 5:00 p.m. that day or before 3:00 a.m. the following day. Retaliation, including termination, threats, or penalties of any kind, is prohibited.

Does Virginia require time off to vote?

No. Virginia is not among the states that require time off for voting. Many employers voluntarily provide a few hours of paid or unpaid voting leave on Election Day; if you do, document the policy in your handbook.

What about military leave?

Federal USERRA continues to govern leave for military service in Virginia. Virginia Code includes parallel state-level protections for members of the Virginia National Guard called to state active duty by the Governor. Reinstatement and benefit-continuation rules track USERRA closely.

Is bereavement leave required?

No. Virginia does not require employers to provide paid or unpaid bereavement leave. Employers that adopt a written bereavement policy are bound to follow it under the Wage Payment Act if the policy creates a paid benefit.

Wage Statement and Recordkeeping Requirements

Virginia Code § 40.1-29(C) requires employers to provide a written statement of earnings to each employee on each regular payday. The statement must include:

• Name and address of the employer
• Number of hours worked during the pay period (for hourly employees), or the dates of the pay period (for salaried employees)
• Rate of pay
• Gross wages earned during the pay period
• Amount and purpose of any deductions taken

Statements may be furnished electronically as long as the employee can access and print the statement. Records of wages paid and hours worked must be retained for at least three years.

What new hire notice does Virginia require?

Unlike New York or California, Virginia does not require a comprehensive at-hire wage notice. New hire reporting to the Virginia New Hire Reporting Center for child support enforcement is required within 20 days. Several agencies require posters: VOSH, minimum wage, EPPA, and the Virginia Workers' Compensation Commission posting.

Virginia Worker Misclassification and Joint Employer Issues

Beyond the ABC and IRS tests covered above, Virginia HR teams should be aware of two newer enforcement mechanisms.

How does the misclassification penalty structure work?

Virginia Code § 40.1-28.7:7 lets an aggrieved worker bring a private action for misclassification. With the HB 238 amendments effective July 1, 2026, the recovery now includes:

• Wages owed for the work performed
• Liquidated damages equal to those wages
• Triple damages for knowing violations
• Prejudgment interest
• Attorney fees and costs

The Virginia Department of Taxation and the Virginia Employment Commission can independently assess unpaid taxes, contributions, and penalties for misclassified workers.

What about joint employer liability?

Virginia generally follows federal joint employer principles. Staffing agency arrangements, franchise relationships, and vendor labor that operates under client direction can create joint liability under both VOWA and the Wage Payment Act. Document the contractual allocation of supervision and recordkeeping responsibility. The contract does not eliminate joint exposure, but it does support indemnification.

Virginia Right-to-Work and Union Activity

Virginia adopted its right-to-work statute in 1947, making it one of the earliest right-to-work states in the country. The policy sits in Virginia Code § 40.1-58 through § 40.1-69 and declares that the right to work cannot be denied or abridged on account of membership or non-membership in any labor union.

What does right-to-work mean for Virginia employers?

Three core rules:

• No closed shops. Employers cannot require union membership as a condition of employment.
• No mandatory dues. Employees cannot be forced to pay dues, fees, or assessments to a labor union.
• No discrimination on union status. Hiring, firing, and promotion decisions cannot turn on whether the employee belongs to a union.

Virginia union density sat at roughly 4.4% of the workforce in recent counts, well below national averages and below neighboring Maryland and West Virginia.

Does the National Labor Relations Act still apply in Virginia?

Yes. Right-to-work is a state-level rule about union security clauses. It does not displace the National Labor Relations Act, which governs union organizing, collective bargaining, and the protected concerted activity rights of employees regardless of union status.

Conversations among co-workers about wages, schedules, working conditions, or harassment all qualify as protected concerted activity under the NLRA. A Virginia employer that disciplines an employee for participating in those conversations risks an unfair labor practice charge in front of the NLRB regardless of whether the workforce is unionized. Social media posts about pay or working conditions enjoy the same protection in many cases.

What about public sector collective bargaining?

In 2020, Virginia Code § 40.1-57.2 was amended to give counties, cities, and towns the option to authorize collective bargaining for public employees through a local ordinance or resolution. The default rule is that no governmental body may recognize a union as bargaining agent unless the locality has enacted an enabling ordinance. Several Northern Virginia jurisdictions have adopted such ordinances, expanding union recognition for public-sector workers there.

Virginia Workers' Compensation

The Virginia Workers' Compensation Commission administers the state's workers' compensation program under Title 65.2 of the Virginia Code. The system is the exclusive remedy for most work-related injuries and occupational diseases.

Which Virginia employers must carry workers' compensation insurance?

An employer with more than two employees regularly engaged in the same business must carry workers' compensation coverage. The "more than two" threshold counts:

• Full-time, part-time, seasonal, and temporary employees
• Minors and trainees
• Family members performing work for the business
• Corporate officers and LLC managers (with limited exemption options)
• Subcontractors performing the same trade as the business, even when they carry their own coverage

The subcontractor rule trips up Virginia general contractors regularly. A small contractor who appears under the threshold based on direct hires may still be required to insure based on the headcount of subs working on the same trade.

What are the penalties for going without coverage?

An uninsured covered employer faces a civil penalty of up to $250 per day, capped at $50,000 plus costs. Beyond the penalty, the employer loses the exclusive remedy defense and an injured worker can sue in tort. Reinstatement of coverage requires payment of all back premiums and the assessed penalty.

What injury reporting deadlines apply?

Employers receiving notice of a workplace injury must file a First Report of Injury (Form FROI) with their insurance carrier or the Commission within 10 days of receiving notice. Carriers in turn report electronically to the Commission. Late reporting interferes with the worker's claim and triggers separate Commission scrutiny.

How does the panel-of-physicians rule work?

Virginia is a "panel" state. The employer (or carrier) must offer the injured worker a panel of three physicians from which to choose a treating doctor. The worker selects from the panel; once selected, that physician becomes the authorized treater and the worker generally cannot switch without Commission approval. Failure to provide the panel timely allows the worker to choose any physician at the employer's expense.

Whistleblower and Retaliation Protections

Virginia Code § 40.1-27.3 protects employees from discharge, discipline, threats, discrimination, or penalty in retaliation for:

• Reporting a violation of federal or state law to a supervisor or governmental body
• Refusing to engage in conduct that the employee reasonably believes violates federal or state law
• Refusing an employer's order to perform an act that violates law and that would subject the employee to criminal liability
• Providing information to or testifying before a governmental body conducting an investigation, hearing, or inquiry

The statute provides a private right of action for reinstatement, back pay, and attorney fees and costs. Whistleblower retaliation claims in Virginia are filed in state court rather than at a state agency.

How does the VHRA's anti-retaliation provision interact?

The VHRA separately prohibits retaliation against any individual who opposes a discriminatory practice or who participates in a VHRA proceeding. With the 2026 expansion to five-employee employers and the two-year filing window, retaliation claim exposure at small Virginia employers grew substantially.

Domestic Violence, Crime Victim, and Related Leaves

Virginia Code § 40.1-28.7:2 requires employers to allow leave for crime victims to attend criminal proceedings. The leave is unpaid unless the employer voluntarily provides paid leave. The statute prohibits employers from discharging or otherwise penalizing the employee for exercising the right.

Separately, Virginia's domestic violence and sexual assault statutes provide leave-related protections. The Virginia Department of Criminal Justice Services maintains additional guidance for employers.

Pay Frequency and Direct Deposit Rules

Virginia Code § 40.1-29 sets minimum pay frequency by category of employee. The schedule:

• Hourly employees: at least once every two weeks, or twice per month
• Salaried employees: at least once per month
• Executive personnel and certain professional categories: at agreed intervals (paid monthly or less frequently is allowed)

Can Virginia employers require direct deposit?

Yes, with a notice and choice mechanism. Virginia employers may pay wages by direct deposit, prepaid debit card, or paycard, but the employee must have the option of receiving wages by check if direct deposit is not feasible or acceptable. Paycards must permit at least one fee-free withdrawal per pay period for the full amount of the wages.

What about wage assignments and garnishments?

Virginia follows federal Consumer Credit Protection Act garnishment limits, which generally cap garnishment at 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less. Voluntary wage assignments require written employee authorization and remain revocable by the employee under most circumstances.

Federal Contractor Compliance for Virginia Employers

Virginia is home to one of the largest concentrations of federal contractors in the United States, particularly in Northern Virginia. Federal contractor obligations layer on top of Virginia and federal employment law.

Which federal contractor rules matter most?

For most Virginia federal contractors, the recurring compliance touchpoints include:

• OFCCP affirmative action plans for contractors with 50+ employees and contracts of $50,000 or more
• Section 503 disability and VEVRAA veteran outreach obligations
• E-Verify usage for federal contractors with the FAR E-Verify clause
• Service Contract Act and Davis-Bacon prevailing wages on covered contracts
• Drug-Free Workplace Act requirements for contractors of $100,000 or more
• Sexual harassment training for state contractors with contracts over $10,000 and at least five Virginia employees

Federal contractor obligations interact with Virginia's expanded VHRA. A contractor that conducts harassment training to satisfy the federal contracting clause already addresses the Virginia state contractor mandate, and creates the documented training that helps defend a VHRA harassment claim under the new two-year filing window.

Personnel Records Access in Virginia

Virginia is one of a handful of states that does not statutorily require private employers to give employees access to their personnel files. Public employees have access rights under the Virginia Freedom of Information Act and Virginia Code § 2.2-3705.1. Private employees rely on contract terms, voluntary policy, or pretrial discovery in litigation.

Should Virginia employers offer voluntary personnel record access?

Most well-run Virginia HR programs allow current and former employees to inspect their personnel records on reasonable notice. The reasons:

• It defuses many disputes before they become formal complaints.
• It builds a contemporaneous record of how the employer responded to a request.
• It supports the affirmative defense when an employee later alleges that adverse action was based on undisclosed information.

Employers offering voluntary access should write the policy carefully. Address what categories of records are accessible (medical files separately stored, investigation files generally not), the format of access (review at the worksite vs. copies at cost), and the process for requesting corrections to disputed entries.

Industry-Specific Compliance Considerations

Several Virginia industries have additional compliance overlays. The headlines below cover the most regulated.

Healthcare

Virginia healthcare employers face concentrated 2026 changes. SB 170 expands the non-compete ban to all health care professionals on July 1, 2026. The same bill imposes new restrictions on patient non-solicitation covenants for any agreement entered into or renewed on or after that date. Healthcare facilities should also track:

• Workplace violence prevention obligations for hospitals, behavioral health, and home health settings (federal General Duty Clause and Joint Commission expectations)
• Reporting obligations to the Virginia Board of Nursing and Board of Medicine when discipline involves clinical practice
• Patient privacy and HIPAA training overlapping with the general training program

Construction

Virginia construction employers carry the heaviest VOSH and workers' compensation exposure in the state. Subcontractor headcount counts toward the workers' compensation threshold, and VOSH inspections concentrate in the industry. Public works contractors should also track:

• Davis-Bacon prevailing wages on federally funded projects
• Virginia prevailing wage law for state-funded contracts
• Safety training requirements for crane operators, scaffolding, and excavation

Retail and hospitality

The minimum wage increase, the overtime trap created by the inclusion of bonuses and incentive pay in the regular rate calculation, and the home health worker paid sick leave statute (which does not cover restaurant or retail) all combine to create wage and hour exposure. Tip credit arithmetic gets harder as the state minimum rises.

Transportation and logistics

DOT-regulated drivers remain outside the cannabis oil employment protection. Virginia's expanded misclassification penalties make it riskier to treat last-mile delivery contractors as 1099 workers without a defensible classification analysis.

Comparison: Virginia vs. Neighboring States

Multi-state HR teams running people across the Mid-Atlantic should know where Virginia sits relative to its neighbors.

Virginia vs. Maryland

Maryland's framework is meaningfully more employee-protective on most measures:

• Minimum wage: Maryland sits at $15.00 statewide. Virginia is at $12.77 with $15.00 not arriving until 2028.
• Paid family leave: Maryland's FAMLI program is in build-out for 2027 launch (benefits 2028). Virginia PFML benefits start December 1, 2028.
• Paid sick leave: Maryland's Healthy Working Families Act covers most employers. Virginia covers only home health workers in the Medicaid consumer-directed program.
• Pay transparency: Both states require wage ranges in postings. Maryland's law took effect October 1, 2024; Virginia's takes effect July 1, 2026.

Virginia vs. North Carolina

North Carolina runs an employer-friendlier framework on most measures:

• Minimum wage: North Carolina remains at the federal $7.25. Virginia is at $12.77.
• Pay transparency: North Carolina has no state pay transparency mandate. Virginia requires ranges in postings beginning July 1, 2026.
• Non-compete: North Carolina enforces non-competes under common-law standards. Virginia bans them for FLSA non-exempt employees and (from July 1, 2026) all health care professionals.
• Civil rights act: North Carolina has no state employment discrimination statute meaningfully broader than federal law. Virginia's VHRA covers small employers and runs on a two-year filing window.

Virginia vs. DC

The District of Columbia overlays its own statute on top of the federal framework. DC employers face:

• $17.50+ minimum wage with annual CPI adjustments
• The Accrued Sick and Safe Leave Act covering all DC employers
• The DC Universal Paid Leave program with active benefits
• The Pay Transparency Act with ranges, benefits, and salary history protection
• One of the country's strongest non-compete bans for non-highly-compensated workers

Many Northern Virginia employers run policy by the DC standard for DC-resident employees, then layer the (often less stringent) Virginia rules on Virginia-resident employees. The five-employee VHRA threshold and the new pay transparency law narrow that policy gap considerably.

2027 Legislative Outlook

Several Virginia bills filed in the 2026 session are positioned for the 2027 legislative cycle. HR teams should track:

• HB 1921 broader paid sick leave coverage, with a delayed July 1, 2027 effective date if enacted in subsequent sessions
• HB 1173 / SB 258 follow-up, adding menopause and perimenopause as protected categories under the VHRA, with a recommended workforce study due by January 1, 2028
• VOSH heat illness rulemaking, with standard adoption by May 1, 2028 under HB 1092 / SB 288
• Right-to-work reform discussions, with ongoing legislative conversations about modifying or repealing Virginia's right-to-work statute

Track the General Assembly session opening in January 2027 for the next round of changes.

Drug Testing in Virginia

Virginia is a permissive state for workplace drug testing. There is no general state statute requiring a written drug testing policy, restricting testing methods, or limiting the substances an employer may test for. The cannabis oil protections in Virginia Code § 40.1-27.4 are the most significant employer constraint.

Federal mandates remain controlling for DOT-regulated employees and for employees covered by federal contractor drug-free workplace requirements.

What about workers' compensation drug testing?

Virginia Code § 65.2-306 provides employers a defense to a workers' compensation claim if the employee's intoxication was the proximate cause of the injury. Documented post-accident testing, with chain of custody and consistent application, supports the defense.

Workplace Posters Required in Virginia

Virginia employers must post:

• Virginia Minimum Wage Notice (annual update from DOLI)
• VOSH "Job Safety and Health Protection" notice
• Workers' Compensation Notice (Virginia Workers' Compensation Commission)
• Earned Income Credit Notice (with W-4 distributions)
• Pregnancy Accommodation Rights Notice (under Va. Code § 2.2-3909)
• Federal posters (FLSA, FMLA, EEO is the Law, USERRA, EPPA)

Remote and hybrid employees should receive electronic copies of posters appropriate to their work location. The VHRA, the pregnancy accommodation statute, and the new pay transparency rules all require employee-facing communication that goes beyond a posted notice. Make sure your handbook updates reflect those obligations.

How AllVoices Helps Virginia HR Teams

AllVoices supports Virginia HR teams across the compliance touchpoints created by the 2026 changes. The platform fits the rest of your HRIS stack rather than replacing it.

Centralized intake for VHRA, harassment, and retaliation complaints

The expanded VHRA covers far more Virginia employers in 2026, with a two-year filing window that lengthens the period a complaint stays relevant. AllVoices provides an anonymous reporting channel that captures complaints in a defensible, time-stamped format and routes them by issue type.

HR case management built for state-by-state compliance

An employee relations platform with AI-powered intake that handles each Virginia case from intake through closure produces the kind of contemporaneous documentation that holds up under DOLI, EEOC, and VHRA review. Vera AI, the platform's AI assistant, drafts investigation summaries, suggests next steps, and surfaces patterns across cases. The result is hours saved per case and tighter consistency.

Workplace investigation workflows

When a Virginia complaint requires a structured workplace investigation, the platform's investigation workflow tracks witness interviews, evidence, findings, and final report drafts in one place. The workplace investigations guide covers the methodology in depth.

Integrations with the HRIS systems Virginia employers already use

AllVoices integrates with Workday, Rippling, Paylocity, BambooHR, and other HRIS platforms so that case data syncs without manual re-entry. For a Virginia employer running PFML alongside FMLA, ADA accommodations, and pregnancy accommodation requests, that integration removes one of the bigger sources of compliance drift.

Want to see what this looks like in practice?

Teams running people in Virginia can request a walkthrough of the AllVoices employee relations platform and see the workflows applied to specific Virginia compliance scenarios.

Frequently Asked Questions

What is the Virginia minimum wage in 2026?

$12.77 per hour, effective January 1, 2026. The rate is scheduled to rise to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, with annual CPI adjustments thereafter.

When does Virginia's pay transparency law take effect?

July 1, 2026. Every public and internal job posting must include a wage or salary range, set in good faith. The same legislation prohibits employers from asking applicants for salary history. Civil penalties up to $1,000 for the first violation and $5,000 for subsequent violations.

When does Virginia paid family and medical leave start?

Contributions begin April 1, 2028 and benefits begin December 1, 2028. The program provides up to 12 weeks of paid leave at 80% of the worker's average weekly wage, capped at $1,507.01 per week. Employers with 11 or more employees pay both portions of the contribution; employers with 10 or fewer pay only the employee portion.

Is Virginia an at-will employment state?

Yes. Virginia follows the at-will doctrine. Either party can terminate the employment relationship at any time, with or without cause, as long as no statute, public policy, or contract is violated. The expanded VHRA, the whistleblower statute, and the wage retaliation provisions are among the most important exceptions.

Does Virginia require employers to provide meal or rest breaks to adult workers?

No. Adult employees are not entitled to state-mandated meal or rest breaks. Minors under 16 must receive a 30-minute meal break for every 5 consecutive hours worked.

Are non-competes enforceable in Virginia?

Sometimes, though the population of employees who can lawfully be subject to one keeps shrinking. As of July 1, 2025, all FLSA non-exempt employees are protected. As of July 1, 2026, all health care professionals are also protected, and an employer cannot enforce an otherwise-valid non-compete against an employee discharged without cause and without severance.

How long do Virginia employees have to file a discrimination charge?

Two years from the date of the alleged discriminatory practice, effective July 1, 2026. Before SB 637, the filing window was 300 days.

What is the penalty for wage theft in Virginia?

Civil penalties up to $1,000 per violation, automatic double damages in a private wage action, triple damages for knowing violations, plus attorney fees and costs. Criminal exposure: Class 1 misdemeanor under $10,000 in unpaid wages, Class 6 felony at $10,000 or more or for repeat offenders.

The Bottom Line

Virginia's 2026 General Assembly session produced one of the broadest employment law overhauls in any state this cycle. The combination of expanded VHRA coverage, pay transparency, salary history restrictions, non-compete tightening, expanded DOLI enforcement, and the new PFML program creates a compliance calendar that runs from now through 2028.

The 2026 priorities for Virginia HR teams:

• Now through June 30, 2026: Update job posting templates and ATS workflows to include good-faith wage ranges. Train recruiters out of salary history questions. Audit the employer headcount to identify VHRA-newly-covered locations.
• By July 1, 2026: Refresh the employee handbook (pay transparency, expanded VHRA, pregnancy accommodation notice). Audit non-compete templates for FLSA classification and the new "without cause" carve-out. Update your wage theft response playbook for the broader DOLI investigation authority.
• Throughout 2026: Run quarterly classification audits for any worker treated as a 1099 contractor. Build documentation discipline that anticipates the two-year discrimination filing window.
• By April 1, 2028: Configure payroll for PFML contributions; plan the leave-stacking interactions with FMLA, ADA, short-term disability, and the home health worker paid sick leave statute.
• By May 1, 2028: Prepare for the new VOSH heat illness standard. Outdoor and hot indoor workplaces should start logging conditions and updating plans now.
• Ongoing: Annual VHRA-aligned harassment and discrimination training (not statutorily required for most private employers, though the strongest affirmative defense). Centralize employee relations case management.

For Virginia HR teams that want to consolidate complaint intake, investigation workflows, and case documentation in one place, see how AllVoices fits a multi-state compliance program.