Virginia Minimum Wage 2026: $12.77 Now, $13.75 in 2027, $15.00 in 2028
Virginia minimum wage is $12.77 per hour in 2026 after a CPI adjustment, and legislation signed in April 2026 raises it to $13.75 on January 1, 2027 and $15.00 on January 1, 2028; the tipped cash wage is the federal $2.13.
The Virginia minimum wage is $12.77 per hour, effective January 1, 2026, up from $12.41 in 2025 after a 2.9 percent inflation adjustment. Legislation signed by the Governor on April 9, 2026 sets the next two steps in law: $13.75 on January 1, 2027 and $15.00 on January 1, 2028. The tipped cash wage is the federal $2.13, so Virginia has one of the largest tip credits in the country at $10.64 per hour. Cities and counties cannot set their own rates. See how Virginia compares in our minimum wage by state guide.
Current Virginia Minimum Wage
The Virginia Department of Labor and Industry announced in July 2025 that "the Virginia adjusted state hourly minimum wage rate for January 1, 2026 until January 1, 2027 is $12.77." The calculation under the Virginia Minimum Wage Act added the 2024 change in the consumer price index (2.9 percent) to the 2025 rate: $12.41 plus $12.41 times 0.029 equals $12.77. The US Department of Labor's state table lists the same rate as of July 1, 2026.
The Virginia rate applies to every employee covered by the Virginia Minimum Wage Act, which tracks the federal FLSA's coverage with a handful of additional state exemptions. There is no small-employer tier and no separate youth rate beyond the federal opportunity wage.
Virginia Minimum Wage vs Federal Minimum Wage
| Rate | Amount | Notes |
|---|---|---|
| Federal minimum wage | $7.25 | Since 2009 |
| Virginia minimum wage (2026) | $12.77 | CPI adjustment from $12.41 |
| Virginia minimum wage (2027) | $13.75 | Set by 2026 legislation |
| Virginia minimum wage (2028) | $15.00 | Set by 2026 legislation |
| Local rates | None | Virginia preempts local minimum wages |
Virginia sits between its neighbors: Maryland and the District of Columbia pay $15.00 and $18.40, while North Carolina, Tennessee, Kentucky and West Virginia pay $7.25 to $8.75. Employers in the Washington DC metro area run three rates within a few miles.
Tipped Minimum Wage in Virginia
Virginia follows the federal tip credit. Tipped employees may be paid a cash wage of $2.13 per hour, and the employer may credit up to $10.64 in tips toward the $12.77 minimum. Because the cash wage is fixed at the federal figure while the state minimum rises, the tip credit grows every year: it will be $11.62 in 2027 and $12.87 in 2028.
The credit is only valid if the employee's tips plus cash wage reach $12.77 for every hour worked in the workweek. Virginia's wage payment law also requires that tips be paid to the employee and not retained by the employer, and that the employee be told a tip credit is being taken. A server on a slow week who falls short must be topped up to the full minimum wage by the employer.
Virginia Minimum Wage Increase Schedule
Virginia's 2020 minimum wage law lifted the rate from $7.25 in fixed steps through 2023, then paused for a legislative reenactment that did not happen, leaving the rate to move by inflation. The April 2026 legislation restores fixed steps to $15.00.
| Effective date | Minimum wage | Basis |
|---|---|---|
| May 1, 2021 | $9.50 | 2020 law, first step |
| January 1, 2022 | $11.00 | 2020 law |
| January 1, 2023 | $12.00 | 2020 law |
| January 1, 2024 | $12.00 | No change (reenactment not passed) |
| January 1, 2025 | $12.41 | CPI adjustment (3.4 percent) |
| January 1, 2026 | $12.77 | CPI adjustment (2.9 percent) |
| January 1, 2027 | $13.75 | 2026 legislation |
| January 1, 2028 | $15.00 | 2026 legislation |
The Governor's April 9, 2026 release does not describe indexing after 2028. Under the existing act, the Commissioner of Labor and Industry sets an adjusted rate each year, so inflation adjustments are expected to resume from 2029 unless the General Assembly changes the law. Confirm with DOLI as 2028 approaches.
Local Minimum Wages in Virginia
Virginia has no local minimum wages. The Virginia Minimum Wage Act sets a single statewide rate, and the Dillon Rule limits localities to powers the General Assembly grants them, which does not include setting a private-sector wage floor. Arlington, Alexandria, Fairfax and Richmond all use the state rate. Localities may set a living wage for their own employees and for contractors on public work, and several Northern Virginia jurisdictions do.
Who Is Covered and Who Is Exempt
The Virginia Minimum Wage Act covers employees of employers with four or more employees and adopts the FLSA's exemptions, plus several of its own. The main groups outside the rate are:
- Exempt executive, administrative and professional employees who pass the federal duties tests and earn at least $684 per week; Virginia has no higher state threshold. See exempt vs non-exempt employees.
- Farm laborers and farm employees, and certain domestic service workers.
- Employees under 16, and students enrolled in work-study or similar programs.
- Employees of amusement or recreational establishments that operate fewer than seven months a year.
- Workers under 18 employed by their parent and certain volunteers.
Virginia permits the federal youth opportunity wage of $4.25 for the first 90 days for workers under 20. There is no separate state training wage.
Remote and multi-state staff need particular attention in Northern Virginia. An employee who works from home in Arlington is owed the Virginia rate even if the employer is based in the District of Columbia or Maryland, and the reverse is true for a Virginia company with staff working from home across the Potomac. Because the three jurisdictions pay $12.77, $15.00 and $18.40 respectively in 2026, and because the DC rate adjusts every July 1 while Virginia and Maryland adjust on January 1, employers in the region should record each employee's work location and review rates twice a year.
Overtime and the Minimum Wage
The Virginia Overtime Wage Act requires 1.5 times the regular rate for hours over 40 in a workweek, and it applies to most employees covered by the state minimum wage. There is no daily overtime. See overtime pay laws in the US for the details.
A minimum wage employee working 45 hours earns:
| Hours | Rate | Pay |
|---|---|---|
| 40 regular hours | $12.77 | $510.80 |
| 5 overtime hours | $19.155 | $95.78 |
| Weekly gross pay | $606.58 |
For tipped employees, the overtime rate is 1.5 times $12.77, not 1.5 times $2.13, so the cash owed for an overtime hour is $19.155 minus the $10.64 credit, or $8.515. The overtime calculator handles the tipped case.
What a Minimum Wage Worker Earns in Virginia
| Period | Hours | 2026 ($12.77) | 2027 ($13.75) | 2028 ($15.00) |
|---|---|---|---|---|
| Week | 40 | $510.80 | $550.00 | $600.00 |
| Month (average) | 173.33 | $2,213.42 | $2,383.29 | $2,599.95 |
| Year | 2,080 | $26,561.60 | $28,600.00 | $31,200.00 |
Virginia has a state income tax, so take-home pay is lower than gross. See gross pay vs net pay for how deductions work, and the salary to hourly calculator to compare an annual offer.
Employer Compliance Checklist
- Post the 2026 Virginia minimum wage poster from DOLI and replace it before each January 1 change.
- Pay $12.77 for every hour worked in 2026, and schedule the $13.75 change for January 1, 2027 and $15.00 for January 1, 2028.
- If you take a tip credit, notify employees, reconcile tips weekly against $12.77, and remember the credit changes each year.
- Use the $4.25 youth wage only for workers under 20 and only for 90 calendar days.
- Keep time and payroll records for at least three years; a time card calculator is a quick weekly check.
- Budget now for the 2027 and 2028 steps, which raise labor costs by 7.7 percent and then 9.1 percent for minimum wage roles.
- Review the Virginia labor law guide for pay frequency, final pay and the Overtime Wage Act.
Frequently Asked Questions
What is the minimum wage in Virginia in 2026?
$12.77 per hour, effective January 1, 2026.
Is Virginia minimum wage going up in 2027?
Yes. Legislation signed on April 9, 2026 raises the rate to $13.75 on January 1, 2027 and $15.00 on January 1, 2028.
What is the tipped minimum wage in Virginia?
$2.13 per hour in cash, the federal rate, with a tip credit of up to $10.64 in 2026. Tips must bring the employee to $12.77 for every hour worked.
Does Northern Virginia or Richmond have a higher minimum wage?
No. Virginia does not allow local minimum wages. Localities may set living wages for their own staff and contractors only.
When will Virginia minimum wage be $15?
January 1, 2028, under the 2026 legislation.
How was the 2026 Virginia minimum wage calculated?
The Department of Labor and Industry added the 2024 change in the consumer price index, 2.9 percent, to the 2025 rate of $12.41, producing $12.77.
Does the Virginia minimum wage apply to small businesses?
The Virginia Minimum Wage Act covers employers with four or more employees. Smaller employers covered by the FLSA must pay the federal $7.25, and most also pay the state rate to compete for staff.
Do Virginia employers have to pay overtime to minimum wage workers?
Yes. The Virginia Overtime Wage Act requires 1.5 times the regular rate after 40 hours in a workweek for non-exempt employees.
Sources
- Virginia DOLI: Virginia Minimum Wage Rate Increasing Effective January 1, 2026
- Virginia DOLI: 2026 Virginia Minimum Wage Poster
- Office of the Governor: Governor Spanberger Signs Bills to Raise State Minimum Wage (April 9, 2026)
- US Department of Labor: State Minimum Wage Laws
- US Department of Labor: Minimum Wages for Tipped Employees
Reviewed September 2026
Virginia's rate changes on January 1, 2027 and again on January 1, 2028. Confirm the current figure with the Virginia Department of Labor and Industry before setting pay rates.
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