Virginia employment law overview

Virginia has laws that provide greater protections to employees than federal law, including broader antidiscrimination coverage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as the minimum wage and occupational safety. 

Select Virginia employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Virginia employers may be required to comply with requirements related to EEO and workplace protections.   

Fair employment practices

The Virginia Human Rights Act (VHRA) prohibits discrimination in employment based on factors such as: 

• Age (40 years and older); 
• Color; 
• Disability; 
• Gender identity; 
• Marital status; 
• National origin; 
• Race (including hair texture, hair type, protective hairstyles and other traits historically associated with race); 
• Religion; 
• Sex (including pregnancy, childbirth or related medical conditions, such as lactation); 
• Sexual orientation; and 
• Military status as veteran. 

The VHRA defines an employer as one that employs five or more employees. However, the VHRA requires employers with six or more employees to provide reasonable accommodations for individuals with a disability unless the accommodation would impose an undue hardship. 

In addition to the VHRA, the Virginians with Disabilities Act (VDA) prohibits employers from discriminating against qualified individuals solely because of their disabilities. All employers are covered regardless of size, except those subject to the federal Rehabilitation Act. The VDA protects individuals who have a physical or mental impairment that substantially limits a major life activity or who have a record of such impairment. It does not protect individuals who are merely perceived as having an impairment. 

The VDA requires an employer to provide reasonable accommodations to qualified individuals with disabilities. An accommodation is not reasonable if it would create an undue burden on the employer. In Virginia, there is a rebuttable presumption that any accommodation that costs more than $500 would impose an undue burden on an employer with fewer than 50 employees. 

Equal pay

Virginia requires employers to pay men and women equally for work that requires equal skill, effort and responsibility and that is performed under similar working conditions. 

The law does not prohibit pay differentials based on legitimate nondiscriminatory factors, such as a seniority or merit system. 

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Pay transparency

Virginia has a pay transparency law that requires all employers to include the wage or salary range for a position in any internal or external posting for a job, transfer, promotion or other employment opportunity. 

Salary history inquiry restrictions

Virginia prohibits employers from seeking or relying on a prospective employee’s salary history in considering the individual for employment or determining the wage or salary to pay the individual upon hire. The law also prohibits an employer from refusing to interview, hire, employ or promote, or otherwise retaliating against a prospective or current employee for not providing their wage or salary history. 

The law does not prevent a prospective employee from voluntarily disclosing their wage or salary history, including for the purposes of negotiating pay after an initial offer. An employer may rely on or seek to confirm a prospective employee’s voluntarily disclosed wage or salary history if the employer is relying on the information to support a wage or salary higher than the initial offer, and the higher wage or salary does not violate state or federal equal pay laws.

Employee wage disclosure rights

Virginia law protects employees’ rights to discuss, disclose and inquire about their wages. 

Virginia employers may not discharge or otherwise retaliate against an employee for: 

• Inquiring about, discussing with or disclosing to another employee any information about their own or other employees’ compensation; or 
• Filing a complaint alleging a violation of the wage disclosure protections. 

Pregnancy accommodation

The VHRA requires an employer with five or more employees to provide reasonable accommodations to employees for pregnancy, childbirth, or a related condition (including lactation), unless doing so would impose an undue hardship on the employer. 

Reasonable accommodations may include: 

• More frequent or longer bathroom breaks; 
• Breaks to express breast milk; 
• Access to a private location other than a bathroom for the expression of breast milk; 
• Acquisition or modification of equipment or employee seating; 
• A temporary transfer to a less strenuous or hazardous position; 
• Assistance with manual labor; 
• Job restructuring; 
• A modified work schedule; 
• Light duty assignments; and 
• Leave to recover from childbirth. 

Breastfeeding breaks

Employers in Virginia must provide breaks to employees to express breast milk. An employer must also provide access to a private location other than a bathroom for the expression of breast milk. 

Access to personnel files

A Virginia employer, upon written request from a current or former employee or employee’s attorney, is required, within 30 days, to provide a copy of all records or papers retained by the employer reflecting any of the following: 

• The employee’s dates of employment with the employer; 
• The employee’s wages or salary during employment; 
• The employee’s job description and job title during employment; and 
• Any injuries sustained by the employee during the course of employment. 

Whistleblower protections

Virginia’s whistleblower protection law prohibits an employer from retaliating against an employee for: 

• Reporting in good faith a violation of any federal or state law or regulation to a supervisor, governmental body or law-enforcement official; 
• Being requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 
• Refusing to engage in a criminal act that would subject the employee to criminal liability; 
• Refusing an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that they are refusing to comply for that reason; or 
• Providing information to or testifying before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. 

Scheduling 

Virginia does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Virginia employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks

Virginia does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Virginia does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Contractors in Virginia that have employed an average of 50 or more employees for the previous 12 months and are entering into a contract of more than $50,000 with any Virginia government agency are required to register and participate in the E-Verify program to verify work authorization for their newly hired employees 

Wage and hour

Virginia employers may be required to comply with certain wage and hour requirements.

Minimum wage

A Virginia employer must pay employees at least $12.77 per hour.

The minimum wage will increase to:

• $13.75 per hour, effective January 1, 2027; and
• $15.00 per hour, effective January 1, 2028.

Starting January 1, 2029, and every January 1 thereafter, the Virginia minimum wage will be adjusted for inflation.

An employer may claim a credit for tips received by employees. The employer generally determines the amount of tips. 

Overtime

The Virginia Overtime Wage Act requires covered employers to compensate nonexempt employees (who include most, but not all, of those exempt under federal law) at a rate not less than one and one-half times the employee’s regular rate of pay for any hours worked in excess of 40 hours in any one workweek. 

There are separate approaches to calculating the regular rate – one for employees paid on an hourly basis, and another for employees paid on a salary or other regular basis. 

Meal and rest breaks

Minors in Virginia must be given a 30-minute rest or meal period after five consecutive hours of work. 

Child labor

Child labor laws in Virginia restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

In general, state law prohibits employing minors: 

• In occupations that expose them to a recognized hazard capable of causing serious physical harm or death; 
• As a performer in or subject of sexually explicit visual material; or 
• In situations in which their life, health or morals may be endangered, or where they are overworked, tortured, tormented, mutilated, beaten or cruelly treated. 

Minors under the age of 18 are prohibited from working in a variety of other occupations, including but not limited to: 

• Mine, quarry, tunnel or underground scaffolding work; 
• Occupations involving exposure to radioactive substances or to ionizing radiations including X-ray equipment; and 
• Place where goods of alcoholic content are manufactured, bottled or sold for consumption on the premises, with exceptions. 

Minors under the age of 16 are restricted from working in additional occupations. 

Generally, minors under the age of 16 may not work: 

• During school hours, except in a school work-training program; 
• More than 40 hours in any week when school is not in session; 
• More than 18 hours in any week when school is in session; 
• More than eight hours on any day when school is not in session; 
• More than three hours on any day when school is in session; and 
• Before 7:00 a.m. or after 7:00 p.m. (after 9:00 p.m. from June 1 through Labor Day). 

Pay and benefits 

Virginia employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods

Employees may be paid in cash, or by check payable in cash at face value upon demand. An employer is permitted to pay wages by direct deposit or electronic paycard under certain circumstances. 

Pay frequency and lag time

Virginia employers are required to establish regular pay periods for all employees. Salaried employees must be paid at least once per month. Hourly employees must be paid at least every two weeks or twice per month, with certain exceptions. 

The requirements do not apply to employees classified as executives under the federal Fair Labor Standards Act. 

Pay deductions

An employer may not make wage deductions without the employee’s written and signed authorization, except for payroll taxes or as otherwise required by law, such as garnishments. 

An employer also generally may not condition employment or continued employment on employees signing agreements providing for the forfeiture of wages. 

Pay statements

Upon an employee’s request, an employer must provide a written statement of gross wages earned during a pay period and the amount and purpose of any deductions. 

Wage theft

Virginia does not have a wage theft law applicable to private employers. 

Health care continuation

The Virginia health care continuation coverage law requires employers with fewer than 20 employees to provide up to 12 months of continued group health care coverage upon termination of an employee’s or member’s eligibility for coverage, prior to the individual becoming eligible for Medicare or Medicaid benefits. 

Temporary disability insurance

Virginia does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Virginia employers may be required to follow certain requirements with respect to time off and leaves of absence.

Family and medical leave

Virginia does not have a state family and medical leave law applicable to private employers. 

Paid sick leave

Virginia requires employers that employ home health care workers to provide paid sick leave to such workers who work on average at least 20 hours per week or 90 hours per month. An eligible employee may use paid sick leave for their own or a covered family member’s: 

• Mental or physical illness, injury or health condition; 
• Need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or 
• Need for preventive medical care. 

Other time off requirements

In addition to the paid sick leave law for home health care workers, a Virginia employer may also be required to comply with other leave and time off laws, including, but not limited to:

• Jury duty leave; 
• Court appearance leave; 
• Election official leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Crime victim leave;
• Volunteer emergency responder leave; and 
• Organ and bone marrow donor leave. 

Health and safety 

Virginia employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health

The Virginia Occupational Safety and Health (VOSH) Law adopts, for the most part, the federal OSHA guidelines. It applies to all private employers except those covered by other federal safety laws. 

VOSH has unique regulations covering: 

• Clearances in Power Transmission and Distribution; 
• Confined Space; 
• Evacuation; 
• Fall Protection; 
• Field Sanitation; 
• Overhead High Voltage; 
• Reverse Signal Operation; 
• Sanitation for Construction; 
• Telecommunications; 
• Tree Trimming Operations; and 
• Underground Construction Protection. 

Drug and alcohol testing

Virginia does not have a law that specifically governs workplace drug and alcohol testing. Therefore, employers in the state may establish their own drug and alcohol testing policies and require employees and job applicants to submit to such tests as a condition of employment, as long as the testing program complies with the ADA, the Virginians with Disabilities Act, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy. 

Smoke-free workplace

The Virginia Indoor Clean Air Act prohibits smoking in places such as elevators, schools and indoor service and cashier lines.  

Smoking is generally prohibited in restaurants. Exceptions may apply, for example, to outdoor areas of restaurants and portions of a restaurant used exclusively for private functions. 

Weapons in the workplace

An employer may ban guns and weapons from the workplace, including parking lots and grounds. 

Additionally, any person, including an employee, who knowingly leaves a handgun in an unattended vehicle or trunk must place the handgun out of plain view in a locked, hard-sided container, including a locked container that is affixed to the vehicle’s interior by a steel cable, bolt or welding. A locked container affixed to the vehicle’s interior includes a locked glove compartment or a locked center console.

These requirements do not apply to the storage of any antique firearm, a law enforcement officer or a person who reports the theft or loss of a firearm to a law enforcement agency.

Virginia also prohibits knowingly and intentionally possessing a firearm, location-restricted knife or other dangerous weapon, including explosives and stun weapons, in the building of any hospital that provides mental health services or developmental services, including an emergency department or other facility rendering emergency medical care.

Safe driving practices

Virginia prohibits a person from holding a handheld personal communications device (e.g., cell phone) while driving. Virginia also prohibits drivers from initiating, participating in or manipulating an electronic device in order to interact with any live stream while driving. 

Organizational exit 

Virginia employers may be required to follow certain requirements when employees exit the organization.   

Final pay

Upon voluntarily or involuntarily termination of employment, an employee must be paid all wages due by the date they would have been paid had they not been terminated. 

Mass layoffs

Virginia does not have its own version of the federal WARN Act. 

AI in employment 

Virginia does not have a law related to AI in employment applicable to private employers.