Virginia

$12.77 / hour

The Virginia adjusted state hourly minimum wage from January 1, 2026 until January 1, 2027 is $12.77 per hour.

Effective

2026-01-01

Checked

2026-08-13

Virginia Code section 40.1-29.2 recognizes the same overtime pay provisions established under the Fair Labor Standards Act.

Checked

2026-08-13

In Virginia, the governing rule for employee classification is federal: A determination of whether a worker is an employee or independent contractor under the Act focuses on the economic realities of the worker’s relationship with the worker’s potential employer and whether the worker is either economically dependent on the potential employer for work or in business for themself (29 CFR § 795.105(a); six factors at § 795.110(b)).

Effective

2024-03-11

Checked

2026-08-09

Virginia employers must maintain regular pay periods, paying salaried employees at least once a month and hourly employees at least once every two weeks.

Checked

2026-08-13

Upon termination of employment, Virginia employers must pay all wages or salary due on or before the normal pay date.

Checked

2026-08-13

On each regular pay date, a Virginia employer shall provide a written paystub or online accounting showing the rate of pay, gross wages, and the amount and purpose of deductions

Checked

2026-08-13

Virginia employers may not deduct from wages or salary without the employee’s written and signed consent.

Checked

2026-08-13

Virginia wages mean legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value.

Checked

2026-08-13

No general meal rest breaks requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general working time requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general predictive scheduling requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general expense reimbursement requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Virginia wages include any remuneration owed to an employee, including commissions

Checked

2026-08-13

Virginia wages include any remuneration owed to an employee, including bonuses

Checked

2026-08-13

Virginia unemployment wages include severance pay, which is allocated to the last day of work unless otherwise allocated by the employer

Checked

2026-08-13

No general holiday premium pay requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general prevailing wage requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general paid sick leave requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No official source has been recorded for this topic yet. The federal baseline applies until a rule is confirmed; nothing here asserts that the jurisdiction lacks its own rule.

No source recorded

No general other leaves requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

An employer who pays wages to employees in Virginia generally must deduct and withhold Virginia income tax; if federal law requires withholding from a payment, Virginia also requires withholding.

Checked

2026-08-13

In Virginia, the governing rule for state withholding forms is federal: On or before the date on which an individual commences employment, the individual must furnish the employer a signed withholding allowance certificate stating the filing status the employee reasonably expects to claim and the withholding allowance claimed. The allowance may not exceed what the employee is entitled to under the instructions the Commissioner prescribes. An employee may claim exemption from withholding where the certifications of section 3402(n) are true. Where no valid certificate is in effect at the time wages are paid, the employer withholds as prescribed (26 U.S.C. 3402; 26 CFR 31.3402(f)(2)-1).

Checked

2026-08-10

No general supplemental wages requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general multistate taxation requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general local taxation requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Virginia unemployment taxes become due for taxable employers on the last day of the month following the end of the calendar quarter.

Checked

2026-08-13

No general disability insurance requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Virginia law requires an employer that regularly employs more than two part-time or full-time employees to carry workers’ compensation coverage.

Checked

2026-08-13

Virginia withholding returns and payments are quarterly below $100 monthly liability, monthly above $100 but below $1,000, and semiweekly at $1,000 or more.

Checked

2026-08-13

Virginia employers required to withhold must register, file income-tax withholding returns whether or not tax is owed, and pay the tax to Virginia Tax.

Checked

2026-08-13

Virginia Form VA-6 and each W-2 or 1099 showing Virginia withholding are due January 31 and must be submitted electronically.

Checked

2026-08-13

Virginia law requires all employers to report newly hired and rehired employees and independent contractors to a state directory within 20 days of the employee’s start date.

Checked

2026-08-13

Virginia earnings subject to garnishment include compensation for personal services denominated as wages, salary, commission, bonus, independent-contractor payments, or otherwise.

Checked

2026-08-13

A Virginia employer shall not discriminate on the basis of sex by paying an employee less than an opposite-sex employee for equal work requiring equal skill, effort and responsibility under similar working conditions

Checked

2026-08-13

Beginning July 1, 2026, all job postings and hiring advertisements in Virginia must include a wage or salary range for the position

Effective

2026-07-01

Checked

2026-08-13

Beginning July 1, 2026, Virginia employers are prohibited from seeking wage or salary history from a job applicant, a former employer, or a third-party service

Effective

2026-07-01

Checked

2026-08-13

Virginia DOLI may issue final orders for wages and civil penalties for payment-of-wage noncompliance and may seek criminal action in some cases.

Checked

2026-08-13

Every Virginia employer shall post the low-wage noncompete section or a department-approved summary where other state or federal employee notices are posted.

Checked

2026-08-13

Virginia employers of youth workers must provide time records, proof of age documents, and signed employment certificates during inspection

Checked

2026-08-13

No general e verify requirement for private employers was located in VA's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

A Virginia employer required to file withholding returns must register for withholding tax, and a business that has or had employees must file the VEC Report to Determine Liability.

Checked

2026-08-13

A Virginia employer shall keep required paystubs or online accounting for at least three years following the date of the work performed

Checked

2026-08-13

2500%

A Virginia child-labor violation is subject to a civil penalty of at least $500 and up to $2,500, or up to $25,000 when a child is seriously injured or dies

Checked

2026-08-13

An action under the Virginia wage-payment section shall be commenced within three years after the cause of action accrued

Checked

2026-08-13