The Virginia Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

Beginning January 1, 2025, the Virginia minimum wage will adjust annually in accordance with state law. Adjustments are based on changes to the Consumer Price Index and determined by the Virginia Commissioner of Labor.

As of October 2024, the minimum wage is $12.00 per hour for most employees.

Starting January 1st, 2025, the minimum wage will be $12.41 for most employees.

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Tipped minimum wage is the lowest hourly pay employers are legally obligated to pay workers who earn a significant portion of their income through tips. Virginia statute defines a tipped worker as any employee regularly receiving tips totaling more than $30 a month. 

Minimum hourly wages for a tipped employee must be greater than or equal to Virginia's hourly minimum wage rate. Employers must make up the difference should an employee's minimum wage and tips not total the hourly minimum wage.

Federal tipped minimum wage of $2.13 per hour

As of October 2024, employers must make up the difference if tipped employees don't meet the minimum hourly wage of $12. That threshold is expected to increase to $12.41 effective on January 1, 2025.

Virginia overtime laws align with the federal Fair Labor Standards Act (FLSA). Employers must pay non-exempt employees at least 1.5 times their regular rate for hours worked over 40 hours per work week. An employee's regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. 

Virginia doesn't have laws requiring employers to provide employees older than 16 with meal and rest breaks. Breaks are at the discretion of the employer. However, if an employer does offer a break, it must be paid if it lasts less than 20 minutes under federal law. Breaks over 30 minutes are classified as meal breaks and do not have to be paid.

Minor employees
Virginia has meal and rest break rules regarding minor employees, who are defined by the state as workers less than 16 years old. Children under 16 are not permitted to work longer than five consecutive hours without a minimum 30-minute meal period.

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Vacation leave
State law doesn't require private employers to provide employees paid vacation leave. Virginia employers may offer vacation leave at their discretion. County and city employees in the Commonwealth of Virginia are provided two weeks of paid vacation annually.

Paid sick leave
Most private employers in Virginia are not required to provide paid sick leave to employees. The state does mandate employers to provide paid sick leave for qualifying employees at the rate of 1 hour of sick leave per 30 hours worked. Paid sick leave can carry over to the following calendar year, and no employee may use more than 40 hours of paid sick leave annually. 

Qualifying employees include home health workers employed a minimum of 20 hours per week or 90 hours per month.

Holidays
Virginia law doesn’t mandate that private employers provide paid holiday leave. However, many choose to pay employees for holidays, including New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Employers who offer paid holidays are required to state the terms in their employment contracts. Employees working holidays in Virginia are not entitled to additional compensation under the law.

Virginia also requires employers to provide employees with unpaid jury duty, crime victim, court appearance, and military leave.

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Virginia child labor laws are determined by a minor's age and potential hazards to a child's health or well-being as a result of the labor they undertake.

Laws for minors 14 and 15 when school is in session:

• Must have an employment certificate

• Permitted to work between 7 AM and 7 PM when school is not in session or hold a work training certificate

• May work 3 hours per day or 18 hours per week

• Prohibited from jobs considered to be unhealthy, unwholesome, or dangerous

Laws for minors 14 and 15 when school is not in session:

• Must have an employment certificate

• Permitted to work between 7 AM and 9 PM June 1 to Labor Day

• May work 8 hours per day or 40 hours per week

• Employers must provide a 30-minute break for every 5 hours worked  

• Prohibited from jobs considered to be unhealthy, unwholesome, or dangerous

Laws for minors 16 and 17:

• Must have proof of age certificate

• No restrictions on hours worked, but must comply with compulsory school attendance laws and curfew ordinances

• Prohibited from serving alcohol

• Barred from working in certain particularly hazardous jobs

Youths under 18 cannot generally be employed as drivers in Virginia. Minors over 16 can work as volunteer firefighters with parental permission and Level One firefighter certification.

Hiring
Virginia is a right-to-work state. As such, employers cannot use membership or non-membership in a labor union to deny a worker employment.

Employers in Virginia are prohibited by federal and state laws from discriminating against a candidate for employment based solely on any of the following:

• Race

• Religion

• National origin

• Gender

• Pregnancy/childbirth

• Marital status

• Disability

• Age

• Sexual orientation

• Expunged criminal records

• Non-conviction arrests

• Tobacco use

• Lactation

Firing
Virginia is an at-will employment state. As a result, employers and employees in Virginia can terminate an employment relationship at any time, with or without cause. The exception is when an employment contract is in place that states otherwise. 

Employers in Virginia are not permitted to fire employees in retaliation for exercising employment rights or filing complaints of discrimination against the employer.