Employment and labor laws in Virginia [Updated 2024]

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.

Stay compliant with ever-changing local laws and scale your business faster by letting Rippling’s Professional Employer Organization service handle your tax registration and hiring management.

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 governs workplace issues like wages, discrimination, harassment, employee benefits, hiring practices, termination, and workplace safety and health regulations.
• Labor law concerns unions' formation, membership, collective bargaining agreements, strikes, and regulation of union dues.

Wages and hours in Virginia

In Virginia, the Department of Labor and Industry (DOLI) enforces the federal Fair Labor Standards Act (FLSA) and the Virginia Minimum Wage Act. The Virginia Minimum Wage Act is the main state law that governs wage requirements. It outlines the minimum pay that workers are entitled to, the maximum number of hours they can be required to work, and regulations that apply to child workers.

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.

Starting January 1, 2023, the minimum wage is $12.00 per hour, gradually increasing each year until it reaches $15.00 per hour by January 1, 2026. Until January 1, 2025, all employers must pay their employees a wage of at least $12.00 per hour or the federal minimum wage—whichever is higher at any given time. An employer who fails to pay the minimum wage owes the employee the unpaid wages plus 8% annual interest.

A tipped employee's combined hourly wages and tips must meet the minimum wage rate of $12.00 per hour. If an employee falls short of this rate, the employer is responsible for covering the difference to ensure the employee earns at least $12.00 per hour.

The Virginia Minimum Wage Act will phase out the subminimum wage in the state after incrementally increasing it over the next several years. Subminimum wage increased to $9.50 an hour—effective July 1, 2023—and will further increase to: 

• $10.50 an hour, effective July 1, 2024
• $11.50 an hour, effective July 1, 2025

Effective July 1, 2026, employers must pay subminimum wage employees at a rate at least equal to the state minimum wage. On July 1, 2030, the clause allowing subminimum wage under Virginia law will expire.

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. After that, they’re entitled to receive the Virginia minimum wage.

Rippling automatically flags minimum wage violations based on employee location, simplifying compliance with state laws.

Overtime pay in Virginia

In Virginia, employees are subject to federal overtime laws since no state-specific regulations exist. This means that any non-exempt worker who puts in more than 40 hours per workweek is entitled to receive overtime pay. The overtime wage rate is 1.5 times the employee's regular rate of pay for every hour worked beyond 40.

Rippling's payroll software automatically applies the correct rates when an employee’s hours trigger overtime pay requirements, ensuring you comply with overtime laws in Virginia and across the US.

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 does not yet have any pay transparency laws. The state Senate passed a bill during its 2023 session that would have required all employers in the state to provide a pay range to prospective employees upon request and before discussing compensation during the hiring process—but the law was ultimately held in the House Commerce and Energy Committee and didn’t pass.

Rippling enforces compensation bands during the hiring process and flags out-of-band adjustments so you can stay on budget and accept special cases as needed.

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 taking a 30-minute break for lunch.

Employers in Virginia must provide unpaid break time and a suitable space for breastfeeding or milk expression for their employees who are nursing mothers. This is according to the Fair Labor Standards Act and Virginia House Joint Resolution 145. Employers must ensure the designated area is not a restroom and is private enough to protect the employee from coworkers or public view.

Leaves of absence in Virginia

Virginia has a mixture of state and federal regulations in place regarding leaves of absence. In some cases—as with pregnancy disability leave—state laws actually surpass protections offered on the federal level. Here’s what you need to know about Virginia's leave laws. 

Vacation leave

In Virginia, employers aren’t legally obligated to offer employees paid or unpaid vacation leave benefits. However, if a company decides to provide such benefits, it must adhere to the conditions outlined in the employment contract, company handbook, or other written policy.

Family and medical leave

In Virginia, no state laws or regulations offer employees extra medical or family leave benefits. However, the Family and Medical Leave Act (FMLA) mandates that employers with a staff of at least 50 individuals must allow their employees to take up to 12 weeks of unpaid leave annually. This leave can be used for several reasons, such as tending to an illness, experiencing a significant life event like childbirth or adoption, or caring for a sick or injured family member.

Military leave

Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employees called to active duty or serving in the National Guard or Reserves are entitled to take unpaid leave. Returning from military service, they’re entitled to be reinstated to their jobs with no loss of seniority, benefits, or pay.

The Virginia Military Leave Act (VMLA) offers extra safeguards for Virginia workers who are in the military. According to the VMLA, employees can take up to 21 days of paid military leave annually for active duty, training, or other military-related responsibilities.

Jury duty leave

If an employee receives a jury summons or serves on a jury, their employer isn’t obligated to pay them for the time spent serving. However, the employer can’t retaliate against the employee if they have provided ample notice of the summons or jury service.

Voting leave

Virginia state employers aren’t legally obligated to give their employees time off, whether paid or unpaid, to cast their vote. However, employers must provide employees with unpaid leave if they serve as an election officer, provided they have given reasonable notice of their need for leave.

Holiday leave

Private employers in Virginia aren’t required to provide paid or unpaid holiday leave and may require employees to work on holidays.

Pregnancy disability leave in Virginia

Effective July 2021, Virginia enacted a law mandating that all new short-term disability income policies covering childbirth must provide at least 12 weeks of payable benefits immediately after giving birth. Additionally, insurance companies that offer group or individual illness policies must now include short-term disability eligibility coverage for employees who have recently had a child.

Paid sick leave in Virginia

In Virginia, employers aren’t required to give their workers sick leave, either paid or unpaid. Employees who get sick and can’t work might qualify for unpaid leave under the FMLA. In some instances, workers' compensation and unemployment insurance can also help Virginia employees who need to leave their jobs due to illness or injury. Employers offering paid or unpaid sick leave should ensure that all employees can access their policy.

Rippling allows you to automate and customize your leave policy, giving you full visibility into how employees use it and the ability to make changes accordingly.

Workplace safety in Virginia

According to Virginia's employment laws, all employees have the legal right to work in a safe and healthy environment. The Virginia Department of Labor and Industry (DOLI) is the regulatory authority supervising workplace safety in the state. They enforce the Virginia Occupational Safety and Health Act (VOSH), similar to the federal Occupational Safety and Health Act (OSHA).

OSHA states that employers are required to:

• Provide safe and healthy working conditions.
• Continually inspect for flaws and irregularities.
• Strive to improve the conditions, if possible.

Virginia also added additional safety standards in the general industry (telecommunication, tree trimming, etc.), construction, and agriculture.

Employers in Virginia must have a written Safety, Health, and Injury & Illness Prevention Plan (IIPP) manual, plan, and program. However, it isn’t a strict requirement under federal OSHA regulations.

With Rippling PEO, you can have a workers' comp plan that lets you pay as you go. This gives you the freedom to expand your business in Virginia and throughout the US.

Discrimination and harassment laws in Virginia

The Virginia Human Rights Act aims to protect all individuals in the Commonwealth from being discriminated against in the workplace due to: 

• Color
• Race
• Sex
• Gender identity 
• Sexual orientation
• National origin
• Religion
• Pregnancy
• Age (40+)
• Marital status
• Military status
• Disability

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

Workplace harassment includes offensive words, physical violence, sexual advances, intimidation, and displaying inappropriate images or objects that disrupt work.

Harassment in the workplace is a serious issue that can come from anyone. Making teasing or casual comments or experiencing isolated incidents doesn’t qualify as harassment unless they are extremely severe. As an employer, it's essential to be aware that you are responsible for the actions of your employees, even if you don’t know about the behavior at the time it occurs. If harassment occurs and you fail to take appropriate action, you may be investigated by the Equal Employment Opportunity Commission and face severe penalties.

Legal requirements for sexual harassment training vary by state. While not mandated by Virginia state law, it’s still a good idea for employers to offer training.

Rippling’s Learning Management System has ready-to-use, core sexual harassment training courses to ensure that each employee understands federal and local laws around discrimination and harassment.

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 to negotiate better wages, benefits, working conditions, and other demands. Under the National Labor Relations Act (NLRA), all US employees have the right to:

• Choose to form or become a part of a labor union and engage in negotiations with their employer.
• Select employee representatives who can collectively negotiate favorable contracts that establish their working conditions.
• Improve their work conditions by filing a complaint with their employer or the government or by striking and picketing under certain conditions.
• Abstain from joining a union.

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 endorse a union. Similarly, unions and their representatives can’t threaten workers with job loss or any other negative consequences for not supporting the union.

Virginia is a right-to-work state, so employees can’t be forced to join a union to obtain or maintain their jobs. It's prohibited for employers to deny an employee's right to work based on their membership or non-membership in a labor union or organization.

FAQs about Virginia labor and employment laws

Are independent contractors covered under Virginia employment laws?

No. If a worker is classified as an independent contractor, they aren’t entitled to unemployment insurance, workers' compensation, and other benefits. Our analyzer tool can help you classify workers correctly and stay compliant in Virginia.

Does at-will employment exist in Virginia?

Yes, Virginia recognizes at-will employment, which allows employers to terminate employees or allows employees to resign without notice or reason.

What privacy rights do employees have in Virginia?

Virginia doesn’t have a comprehensive law that governs employee privacy rights. But, two recent Virginia laws are a step toward attaining those rights. First, Virginia passed a law in 2023 prohibiting an employer from using an employee’s social security number or any derivative as an employee’s identification number.

Also, in 2015, Virginia passed VA Code 40.1-28.7:5, which says employers can’t demand an applicant or employee to disclose their social media account login credentials or add their supervisor or employer to their contact list. 

Are background checks legal in Virginia?

Background checks for employment are legal but must comply with the Fair Credit Reporting Act's limitations on using unfavorable information over time. Many Virginia cities have 'banned the box' on job applications, barring employers from making hiring decisions based on a candidate’s past criminal history, as well as additional restrictions for background checks—so always check with local city laws. 

As of July 2020, a Virginia law prohibits employers from inquiring about an applicant's past arrests or criminal convictions related to possessing marijuana for personal use.

Are whistleblowers protected in Virginia?

Enacted in July 2020, the Virginia Whistleblower Protection Law (VWPL) prohibits employers from discharging, disciplining, threatening, discriminating, retaliating against, or penalizing employees who report suspected wrongdoing or abuse. The VWPL applies to both public and private employers.

Is workers’ compensation coverage required in Virginia?

In Virginia, employers who have two or more part-time or full-time employees must carry workers' compensation insurance, even if they are only temporarily working in Virginia. Failure to comply with this law can result in severe fines and penalties imposed by the Virginia Workers' Compensation Commission.

Are there required healthcare benefits in Virginia?

Employers with 50 or more full-time employees are required by federal law to provide certain health insurance benefits, while those with less than 50 full-time employees aren’t required to provide these benefits.

Are Virginia employers required to provide bereavement leave?

Virginia law doesn’t require employers to provide employee bereavement leave.

What employee protections are available in Virginia if layoffs occur?

You may have notice rights if you work in Virginia and lose your job because of a layoff or a plant closing. Employers with 100+ full-time employees in Virginia must follow WARN (Worker Adjustment and Retraining Notification) and give their employees a notice 60 days before a mass layoff or plant closing. If you are part of a union, your employer should tell your union representative instead of telling you directly.

The notice should include the expected date of the layoffs, whether they will be temporary or permanent, and when the employee will receive their termination letter. Unless exempted, failure to provide this notice may result in the employer being ordered to pay damages.

The Virginia Employment Commission (VEC) manages unemployment benefits in Virginia, and workers can apply for unemployment benefits on their website.

What are Virginia’s child labor laws?

In Virginia, child labor laws generally prohibit anyone under 14 years old from working and require work permits for children under 16. For those under 16, there are also limits on work hours, and employers must keep records of hours worked and breaks taken. Additionally, there are restrictions on certain types of employment for minors under 18.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.