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The Virginia Labor Laws enforce the state laws that govern employee wages, work assignments, minimum wage, child labor, workplace safety, and other workplace-related regulations. Below, you can find the data that helps you to understand labor laws in Virginia.
Working Hours And Wage Laws
In Virginia, the Department of Labor and Industry (DOLI) is responsible for enforcing both the federal Fair Labor Standards Act (FLSA) and the Virginia Minimum Wage Act.
The Virginia Minimum Wage Act serves as the primary State of Virginia Labor law regulating wages. As per that, employees must receive the minimum pay, which establishes the maximum number of hours an employee can be required to work.
Minimum Wages
As of January 1, 2025, the minimum wage in Virginia is $12.41 per hour. The Virginia labor laws 2025 set the standard for the lowest pay employees can receive, but certain workers are exempt, including:
- Farm laborers and agricultural employees.
- Employees are already exempt under federal minimum wage laws.
- Traveling or outside salespeople who earn commission.
- Taxi drivers.
- Minors under 16.
Employers may also pay a training wage to certain employees, which is either the federal minimum wage or 75% of the state minimum wage—whichever is higher. This rate can apply for up to 90 days while an employee completes an on-the-job training program. Trainees under 20 years old may be paid $4.35 per hour for the first 90 days, after which they must receive the full Virginia minimum wage.
Tipped Minimum Wages
Tipped employees are defined as workers who regularly receive more than $30 in tips per month. If an employee’s tips, combined with the base wage, fall short of the minimum wage, the employer is responsible for covering the difference to ensure the worker earns at least the state minimum wage.
As per the Labor laws in Virginia for salaried employees, employers may pay tipped employees a base wage of $2.13 per hour. However, this is allowed only if the employee’s combined earnings from wages and tips meet or exceed the state minimum wage of $12.41 per hour.
Overtime Wages
Virginia labor laws for salaried employees follow the federal Fair Labor Standards Act (FLSA). Under the FLSA, 1.5 times overtime pay is required of non-exempt employees for time worked beyond 40 hours in a week.
However, certain employees are exempt from overtime provisions, including:
- Salespersons.
- Administrative, Executive, and employees earning at least $684 per week.
- Computer professionals have an income $684 per week.
- Employees having an annual salary of $107,432 or more.
Meal And Rest Period Breaks
VA labour laws breaks do not require employers to provide meal or rest breaks for adult employees. The only exception applies to minors 16 years old, who cannot work more than 5 consecutive hours without getting at least a 30-minute lunch break.
If employers choose to offer breaks, they must comply with federal law regulations and Virginia labor laws regarding breaks and lunch. Under federal law, breaks of 20 minutes or less must be paid. Longer breaks, such as lunch periods, do not need to be paid unless the employee performs work duties during that time.
Pay Period Method And Transparency
To ensure fair compensation practices, Virginia labor laws 2025 set clear rules about how often employees must be paid and the acceptable methods of payment. These requirements protect workers and promote trust between employers and employees.
Pay Period Method
Employers define regular pay periods to ensure workers are paid consistently and on time.
The rules vary depending on the type of employee:
- Salaried employees must be paid once per month.
- Hourly employees must be paid at least once every 2 weeks.
There are a few limited exceptions, but in most cases, employers must stick to different requirements. Employees may receive their wages through:
- Check
- Cash
- Direct Deposit
- Payroll Card
These Virginia Labor Laws help ensure transparency and accountability in wage payments, giving employees clarity about when and how they will be paid.
Pay Transparency
Labor laws in Virginia for salaried employees are becoming more common across the United States, with many states now requiring employers to disclose salary ranges and total compensation details to both job seekers and existing employees.
These laws are designed to promote fairness, reduce pay gaps, and give workers greater clarity about their earning potential.
More recently, Senate Bill No. 1132, introduced on January 8, 2025, seeks to require employers to include a salary range in every public or internal job posting, including promotions, transfers, and other employment opportunities. As of now, the bill is still pending. The governor has until March 24, 2025, to sign, amend, or veto it.
Leave Policy In Virginia
| Type of Leave | Virginia Law | Federal Law |
| Vacation Leave | No legal requirement; if offered, must follow company policy or contract. | No federal requirement. |
| Family and Medical Leave | No state-specific law; FMLA applies (12 weeks unpaid for eligible employees). | FMLA: 12 weeks of unpaid leave for eligible employees (50+ staff). |
| Voting Leave | No law for voting time off; unpaid leave required for election officers with notice. | No federal requirement for voting leave. |
| Military Leave | Virginia Military Leave Act (VMLA) provides 21 days of paid leave annually. | USERRA: Unpaid leave for active duty; reinstatement with no loss of benefits. |
| Jury Duty Leave | Employers are not required to pay; they cannot retaliate if notice is given. | No federal law requiring pay; protection from retaliation applies. |
| Holiday Leave | No requirement for paid or unpaid holiday leave; employers may require work. | No federal requirement for holiday leave. |
Workplace Rights
Under the State of Virginia labor laws, every employee has the legal right to work in a safe and healthy environment. The Virginia Department of Labor and Industry (DOLI) enforces these standards through the Virginia Occupational Safety and Health Act (VOSH), which closely mirrors the federal Occupational Safety and Health Act (OSHA).
According to OSHA, employers are required to:
- Regularly inspect for hazards or irregularities
- Provide safe and healthy working conditions
- Take steps to improve workplace safety whenever possible
Beyond federal standards, Virginia has introduced additional safety requirements for industries such as telecommunications, tree trimming, construction, and agriculture.
Child Labor Laws
As per Virginia labor laws minors, employers cannot hire minors under the age of 14, with a few limited exceptions
Key rules include:
- Meal Breaks: Employers must provide a 30-minute break for every 5 consecutive hours of work.
- Work permits: Minors under 16 usually need a work permit, which can be obtained online through the Department of Labor.
- Recordkeeping: Employers must keep detailed records of the hours worked by minors, including breaks.
Taxes In Virginia
Virginia has a graduated state individual income tax with rates ranging from 2% to 5.75%, depending on income level. The state also levies a 6% corporate income tax rate on businesses.
Make Payroll Calculation Easy In Virginia By Making Paystub Free!
When you run a business in Virginia, payroll can add even more complexity and stress to your life! As per the state of Virginia labor laws, you need to stay updated with minimum wage changes, and rules for overtime.
Using a free paystub generator, employers and employees can both benefit from all of their needs in making pay stubs, which are accurate and comply with Virginia state laws.
In conclusion, getting free paystub tools in Virginia makes payroll processing easy and efficient. Businesses can concentrate on growing their company and being productive, instead of dealing with payroll mistakes. Our free pay stubs may help with payroll and are just the perfect thing you need at this instance.
Curious Minds Also Ask
How many hours can you work without a break in Virginia?
There are no mandatory breaks for employees under Virginia labor law. Employers may provide them voluntarily.
How many days in a row can you work without a day off in Virginia?
Virginia does not have any law on without a day off between consecutive workdays. Employers would be empowered to set shifts as they see fit.
Do you legally have to give 2 weeks’ notice in Virginia?
No, employers are not legally obligated to provide notice.
Can a company not pay you for hours worked in Virginia?
No, all the money you make should be paid to you. If any employer fails to pay people for the hours they work is against the law.
Is 32 hours full-time in Virginia?
Virginia has no such definition of full-time. 32–40 hours a week is considered a full-time job.
What is the shortest shift you can work in Virginia?
There is nothing like the shortest shift. Employers determine shift lengths.
What are the labor laws in VA?
Labor laws in Virginia include rules on minimum wage, overtime, workplace safety, child labor, and anti-discrimination.
Does Virginia have a WARN Act?
Yes, the WARN Act is applicable in Virginia. When employers want to carry out mass layoffs or plant closures, they need to provide notice.
Is it illegal to work 8 hours without a break in Virginia?
No, Virginia does not require adult employees to take breaks. Working 8 hours straight is legal.
Can an employer hold your last paycheck in Virginia?
No, employers must pay the earned wages on the next regular payday. Holding pay is prohibited.
Do you have to give 2 weeks’ notice in Virginia?
No, you do not have to give notice, as per Virginia Labor law. It’s what a good practitioner should be doing, really.
What is the VA minimum wage?
The Virginia minimum wage is $12.00 per hour as of 2025.
Do you get PTO if you quit Virginia?
Employers do not have to pay for accrued PTO. Compensation is determined based on company policy or as outlined in the employment contract.
What is considered wrongful termination in Virginia?
Termination is wrongful if it violates anti-discrimination laws, contracts, or public policy. It also includes retaliation for legally protected activities.
What is the severance law in Virginia?
Severance pay is not mandated by Virginia. It is given, strictly subject to contract or a company policy.
Is it legal to work 7 days a week without a day off in Virginia?
Yes, there is no state law regarding adult employees’ workdays. Employers can also schedule 7 straight days.
Is Virginia a right-to-fire state?
Yes, Virginia is an at-will employment state. Employers can fire workers for any legal reason.
How many hours can you legally work in a day in Virginia?
There is no daily limit for employees. Overtime rules come into play if a work week is more than 40 hours.
FAQ's
What is the minimum wage in Virginia for 2025?
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As of January 1, 2025, Virginia’s minimum wage is $13.50 per hour. Employers must comply with state law unless federal wage requirements are higher.
Does Virginia require paid sick leave in 2025?
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Virginia does not have a statewide paid sick leave mandate for all employees. However, certain employers (such as home health workers) must provide paid sick leave, and employers may set their own policies.
What are the overtime rules under Virginia labor laws in 2025?
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Virginia follows the federal Fair Labor Standards Act (FLSA), requiring overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, unless exemptions apply.
Are employers in Virginia required to provide meal or rest breaks in 2025?
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Virginia law does not mandate meal or rest breaks for adult employees, but employers must provide a 30-minute break for workers under age 16 who work more than 5 consecutive hours.
