Virginia Labor Law Guide 2026: Wages, Overtime, Breaks, and Leave

Virginia moved from one of the most employer-friendly states to a middle-of-the-road one between 2020 and 2022, then settled. The minimum wage is on a fixed climb to $15.00, the Virginia Overtime Wage Act briefly created a stricter state overtime regime before the General Assembly realigned it with the FLSA in 2022, and the state added protections for wage discussion, non-compete limits, and cannabis use. The Department of Labor and Industry (DOLI) enforces the Minimum Wage Act, the wage payment rules in Va. Code 40.1-29, and the child labor law.

Minimum Wage in Virginia

Virginia's minimum wage is $12.77 per hour in 2026 for employers with 4 or more employees, after a CPI adjustment. Legislation signed in April 2026 raises it to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, with indexing afterward. The tipped cash wage is the federal $2.13 with a $10.64 tip credit, and no locality may set its own rate.

For the increase schedule, coverage rules, and the tipped calculation, see the Virginia minimum wage guide.

Overtime Rules

Virginia requires overtime at 1.5 times the regular rate for hours over 40 in a workweek. The Virginia Overtime Wage Act of 2021 had created a separate state regime with its own regular-rate formula and a 3-year lookback, but HB 1173, signed in April 2022, realigned the state law with the FLSA effective July 1, 2022. The state statute now expressly incorporates the federal overtime standards, exemptions, and calculation methods, so an employer that complies with the FLSA complies with Virginia's overtime law. There is no daily overtime, and the exempt salary floor is the federal $684 per week.

Worked example at the minimum wage: an employee paid $12.77 works 45 hours. Regular pay is 40 hours at $12.77 ($510.80) plus 5 hours at $19.16 ($95.78), for $606.58 gross. The overtime calculator handles other rates, and our overtime pay laws in the US guide compares states.

Meal and Rest Breaks

Virginia does not require meal or rest breaks for employees aged 16 and older, so the federal rules apply: breaks of 5 to 20 minutes are paid, and a 30-minute meal period may be unpaid if the employee is fully relieved of duty. The child labor law requires a 30-minute break for minors under 16 who work more than 5 hours.

Break type	Requirement	Applies to
Meal period, adults	Not required by state law; unpaid only if duty-free	16 and older
Rest break, adults	Not required; short breaks are paid if given	16 and older
Minors under 16	30-minute break for more than 5 hours of continuous work	Under 16
Lactation	Reasonable unpaid break time and a private space to express milk	All employers

The break time calculator suggests a schedule for any shift, and our rest and meal break laws by state guide lists the states that mandate breaks.

Paid Sick Leave and Other Leave

Virginia's only paid sick leave mandate covers home health workers. Under Va. Code 40.1-33.3 and following, enacted in 2021, home health workers who average at least 20 hours a week or 90 hours a month accrue 1 hour of paid sick leave for every 30 hours worked, up to 40 hours a year. No other private-sector employee is covered, and bills to expand the law to all employees have not passed as of September 2026. The old version of this guide described a general earned sick time law; that was incorrect.

Leave type	Virginia rule
Paid sick leave	Home health workers only: 1 hour per 30 hours worked, 40 hours a year
Federal FMLA	12 weeks unpaid at employers with 50 or more employees; Virginia has no state paid family leave program, although private paid family leave insurance is regulated as a product
Jury duty	Employers may not discharge or penalize an employee for jury service and may not require use of sick or vacation leave; unpaid
Court witness	Same protection for employees summoned as witnesses
Voting	No state voting leave statute
Military	Federal USERRA plus state protections for National Guard members
Crime victims	Employers must allow leave to attend criminal proceedings

See paid sick leave laws in the US for a national comparison and jury duty laws in the US for court leave.

PTO Payout and Final Paychecks

Va. Code 40.1-29 requires that a separated employee be paid all wages due on or before the next regular payday, whether the employee was discharged or resigned. Employers may not withhold final wages to compel the return of equipment or to recover disputed amounts, and willful violations carry civil penalties, treble damages in private suits, and criminal exposure for large or repeated underpayments.

Payout of unused vacation or PTO depends on the employer's written policy; Virginia does not require it by statute. Our PTO payout laws by state guide has the details.

Pay frequency: salaried employees must be paid at least once a month, and hourly employees at least once every two weeks or twice a month, with limited exceptions for high-wage employees who agree to monthly pay. Each payment must come with a written statement of hours worked, rate, gross wages, and deductions, a requirement added in 2020. Deductions beyond taxes and benefits require the employee's written and signed authorization.

Exempt vs Non-Exempt Employees

Since the 2022 realignment, Virginia uses the federal duties tests and the federal $684 per week salary floor without modification. A salaried employee below the floor or outside the executive, administrative, professional, computer, or outside sales categories is non-exempt and owed overtime. The Minimum Wage Act also excludes several groups from the state rate, including some students, farm workers, and employees of very small businesses. Our exempt vs non-exempt employees guide and the FLSA exemption flowchart cover the tests.

Child Labor Rules

Minors under 16 need an Employment Certificate for Youth, which parents and minors can now apply for online through DOLI's youth employment page rather than at a school. Virginia sets no hour limits for 16 and 17 year olds, so only the federal hazardous-occupation rules apply to them.

Age group	School week	Non-school week	Hours of day
14 and 15	3 hours on a school day, 18 hours in a school week	8 hours a day, 40 hours a week	7 AM to 7 PM; until 9 PM from June 1 to Labor Day
16 and 17	No state hour limits	No state hour limits	No state restriction
Under 16	30-minute break after more than 5 hours; certificate required

See child labor laws in the US for the federal rules.

Other Virginia Employment Rules

• Non-compete ban for low-wage workers. Employers may not enter non-competes with employees earning less than the state's average weekly wage (an annual figure above $75,000 in recent years; confirm the current threshold with DOLI), and violations carry civil penalties.
• Wage discussion. Employers may not retaliate against employees for discussing wages.
• Cannabis. Since 2021, employers may not discriminate against employees for lawful use of cannabis oil under a medical certification, subject to safety exceptions.
• Virginia Values Act. Extended anti-discrimination protections to sexual orientation and gender identity and lowered the coverage threshold for many claims.
• Domestic workers. Since 2021, domestic workers are covered by the minimum wage and overtime laws.
• Pay statements. Every paycheck must include an itemized statement of hours, rate, gross pay, and deductions.

Hiring, Termination, and Record-Keeping

Virginia is an at-will state with exceptions for discrimination, retaliation, and public policy. The Virginia Human Rights Act covers employers with 15 or more employees for most claims and 5 or more for unlawful discharge and pregnancy accommodation claims, and the Office of Civil Rights in the Attorney General's office enforces it.

Employers must keep payroll records for at least 3 years under the FLSA and should retain the pay statements and hours records that Va. Code 40.1-29 requires. Post the Virginia minimum wage, safety, and unemployment notices along with the federal posters. A time card calculator and a written timekeeping policy keep weekly totals and overtime defensible.

Frequently Asked Questions

Is Virginia an at-will state? Yes, with exceptions for discrimination, retaliation, and public policy.

Does Virginia require lunch breaks? Not for employees aged 16 and older. Minors under 16 must get a 30-minute break after more than 5 hours of work.

When is overtime paid in Virginia? After 40 hours in a workweek at 1.5 times the regular rate, following the federal FLSA since July 1, 2022.

When is the final paycheck due in Virginia? On or before the next regular payday, whether the employee quit or was fired.

Does Virginia have paid sick leave? Only for home health workers, who accrue 1 hour per 30 hours worked up to 40 hours a year. No other private employees are covered.

How many hours can a minor work in Virginia? 14 and 15 year olds are limited to 3 hours on a school day and 18 in a school week, and 8 hours a day and 40 a week when school is out. Virginia sets no hour limits for 16 and 17 year olds.

Is Virginia's minimum wage going to $15? Yes: $13.75 on January 1, 2027 and $15.00 on January 1, 2028.

Does Virginia pay out unused PTO? Only if the employer's written policy provides for it.

Sources

• DOLI: Youth Employment
• Va. Code 40.1-29: Time and medium of payment
• Code of Virginia, Article 2.1: Paid Sick Leave
• 16 VAC 15-40: Virginia Hours of Work for Minors
• Littler: Virginia realigns overtime requirement with federal FLSA
• US Department of Labor: State minimum wage laws