Frequently Asked Questions
Virginia Employment Law — Common Questions
What is the minimum wage in Virginia in 2026?
The minimum wage in Virginia is $12.77/hour (Jan 1, 2026, CPI-indexed). HB 1/SB 1 (signed April 2026): rising to $13.75 Jan 1, 2027 and $15.00 Jan 1, 2028.. Tipped employees may be paid No tip credit specified in recent updates with a valid tip credit. Always verify the current rate at the start of each calendar year — many state rates are indexed to CPI and adjust annually.
When must an employer pay final wages after termination in Virginia?
In Virginia: involuntary terminations — On or before date employee would next have been paid. Voluntary resignations — . Accrued PTO is not required to be paid out on termination unless your written policy promises it. Never hold a final paycheck over unreturned equipment or unsigned paperwork — that exposes you to wage claims regardless of the circumstances.
Does Virginia require paid sick leave?
Yes. Virginia requires paid sick leave. HB 5/SB 199 (signed May 20, 2026): EXPANDING paid sick leave to all employees, phased in — 50+ employees by July 1, 2027; 25+ by Jan 1, 2028; all employers by Jan 1, 2029. 1hr/30hrs, 40hr/yr cap.. Track accrual, carryover rules, and permissible uses carefully — enforcement actions typically follow audits of smaller employers with incomplete records.
Does Virginia have paid family and medical leave?
Yes. Virginia has a state paid family and medical leave program. SB 2/HB 1207: Virginia's first PFML program. Contributions begin April 1, 2028; benefits (up to 12 weeks at 80% avg weekly wage) start Dec 1, 2028.. Understand your contribution obligations, posting requirements, and how the program coordinates with any employer-sponsored short-term disability policy.
Does Virginia require pay transparency in job postings?
Yes. Virginia requires pay transparency in job postings. HB 636/SB 215 (eff. July 1, 2026): ALL employers (no headcount threshold) must disclose wage/salary ranges in every public and internal job posting. Also bans salary history inquiries. Penalties: AG enforcement $1,000 first violation, $5,000 subsequent. Private right of action with 15-business-day cure period.. Non-compliance can result in fines and enforcement action — audit all active job listings and internal promotion announcements to ensure full compliance.
Are noncompete agreements enforceable in Virginia?
Va. Code 40.1-28.7:8: prohibited for low-wage employees (below ~$78,365/year) and since July 1, 2025, all FLSA nonexempt employees. SB 170 (2026): noncompetes unenforceable for employees discharged without cause unless severance provided and disclosed at execution. Audit and void any existing noncompetes with affected employees before enforcement action or litigation.
How does Virginia classify workers as employees vs. independent contractors?
Virginia uses the following test to determine worker classification: Federal framework. Misclassification exposes employers to back taxes, penalties, and liability for benefits and wage-hour violations. When in doubt, consult counsel before engaging contractors for ongoing work.
Can employers ask about salary history in Virginia?
No. Virginia prohibits employers from asking job candidates about their prior salary or compensation history. Violations can result in discrimination claims and enforcement penalties. Train your recruiters and update any intake forms, application portals, or interview scripts that still ask about prior pay.
What meal and rest break requirements apply in Virginia?
Meal breaks: None required for employees 18+. Rest breaks: None required. Missing a required break can trigger a premium pay penalty — make sure managers understand that breaks are mandatory, not optional, and document compliance in timekeeping records.