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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Virginia employers must provide a lunch period of at least 30 minutes to employees ages
14 and 15 when scheduled to work for more than 5 hours continuously. Virg. Rev. Stat. §
40.1-80.
Virginia does not require employers to provide breaks, including lunch breaks, for workers
16 years old or older. VA Dept. of Labor: Labor Law FAQs. An employer who chooses to
provide a break in excess of 20 minutes does not have to pay wages for lunch periods or
other breaks if the employee is free to leave the worksite, in fact takes their lunch or break,
and the employee does not actually perform work. According to federal law, breaks 20
minutes or shorter typically must be paid.
Virginia employers must provide a lunch period of at least 30 minutes to employees ages
14 and 15 when scheduled to work for more than 5 hours continuously. Virg. Rev. Stat. §
40.1-80.
Virginia does not require employers to provide breaks, including lunch breaks, for workers
16 years old or older. VA Dept. of Labor: Labor Law FAQs. An employer who chooses to
provide a break in excess of 20 minutes does not have to pay wages for lunch periods or
other breaks if the employee is free to leave the worksite, in fact takes their lunch or break,
and the employee does not actually perform work. According to federal law, breaks 20
minutes or shorter typically must be paid.
Vacation
In Virginia, employers are not required to provide employees with vacation benefits, either
paid or unpaid. VA Dept. of Labor: Wage Payment FAQs. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. VA Dept. of Labor: Wage Payment FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. VA Dept. of Labor: Wage
Payment FAQs.
Neither Virginia’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
Although Virginia’s authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Virginia has placed on vacation policies, an employer is likely
free to implement the vacation policy of its choosing. VA Dept. of Labor: Wage Payment
FAQs. An employer is required to comply with the terms of the policy it chooses to
implement. VA Dept. of Labor: Wage Payment FAQs.
In Virginia, employers are not required to provide employees with vacation benefits, either
paid or unpaid. VA Dept. of Labor: Wage Payment FAQs. If an employer chooses to provide
such benefits, it must comply with the terms of its established policy or employment
contract. VA Dept. of Labor: Wage Payment FAQs.
An employer must pay an employee for accrued vacation upon separation from
employment if its policy or contract provides for such payment. VA Dept. of Labor: Wage
Payment FAQs.
Neither Virginia’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although Virginia’s authorities are silent regarding many vacation policy issues, based on
the contractual emphasis Virginia has placed on vacation policies, an employer is likely
free to implement the vacation policy of its choosing. VA Dept. of Labor: Wage Payment
FAQs. An employer is required to comply with the terms of the policy it chooses to
implement. VA Dept. of Labor: Wage Payment FAQs.
Severance
Virginia law does not require employers to provide employees with severance pay. VA Dept.
of Labor: Wage Payment FAQs. If an employer chooses to provide severance benefits, it
must comply with the terms of its established policy or employment contract.
Virginia law does not require employers to provide employees with severance pay. VA Dept.
of Labor: Wage Payment FAQs. If an employer chooses to provide severance benefits, it
must comply with the terms of its established policy or employment contract.
Holidays
Virginia law does not require employers to provide employees with either paid or unpaid
holiday leave. VA Dept. of Labor: Wage Payment FAQs. In Virginia, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Virginia law does not require employers to provide employees with either paid or unpaid
holiday leave. VA Dept. of Labor: Wage Payment FAQs. In Virginia, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wage
Virginia's current minimum wage is $7.25. VA Dept. of Labor: Wage Payment FAQs.
Some exceptions apply to Virginia's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Virginia's current minimum wage is $7.25. VA Dept. of Labor: Wage Payment FAQs.
Some exceptions apply to Virginia's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Virginia does not have laws governing the payment of overtime. VA Dept. of Labor: Wage
Payment FAQs. Federal overtime laws apply. See FLSA: Overtime for more information
regarding overtime requirements.
Virginia does not have laws governing the payment of overtime. VA Dept. of Labor: Wage
Payment FAQs. Federal overtime laws apply. See FLSA: Overtime for more information
regarding overtime requirements.
Sick Leave
Virginia law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. VA Dept. of Labor: Wage Payment FAQs. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in Virginia may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Virginia law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. VA Dept. of Labor: Wage Payment FAQs. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in Virginia may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge or take any other adverse action against an employee for
receiving and/or responding to a jury summons or for serving on a jury if the employee has
given reasonable notice of the summons or jury service.
An employer may not require an employee to take vacation or sick leave when responding
to a jury summons or serving on a jury if the employee has give reasonable notice of the
summons or jury service.
An employer may not require an employee who is summoned and appears for jury duty for
four (4) or more hours in one day, including travel time, to start any work shift that begins on
or after 5:00 p.m. on the day of his appearance for jury duty or begins before 3:00 a.m. on
the day following the day of his appearance for jury duty.
Virginia Stat. 18.2-465.1
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge or take any other adverse action against an employee for
receiving and/or responding to a jury summons or for serving on a jury if the employee has
given reasonable notice of the summons or jury service.
An employer may not require an employee to take vacation or sick leave when responding
to a jury summons or serving on a jury if the employee has give reasonable notice of the
summons or jury service.
An employer may not require an employee who is summoned and appears for jury duty for
four (4) or more hours in one day, including travel time, to start any work shift that begins on
or after 5:00 p.m. on the day of his appearance for jury duty or begins before 3:00 a.m. on
the day following the day of his appearance for jury duty.
Virginia Stat. 18.2-465.1
