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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.
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.
Payment upon Separation from Employment
An employer must pay an employee who is discharged or terminated, who has quit or
resigned, or who is laid off, all wage due on or before the date he would have normally
been paid for the work. Virginia Stat. 40.1-29
Employees who are suspended or resigns due to a labor dispute (strike)
Virginia has no law regarding an when an employer must pay an employee who has
resigned due to a labor dispute. Presumably an employer would pay an employee who
resigns employment due to a labor dispute on or before the date he would have normally
been paid for the work.
Wages in Dispute
Virginia does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
An employer must pay an employee who is discharged or terminated, who has quit or
resigned, or who is laid off, all wage due on or before the date he would have normally
been paid for the work. Virginia Stat. 40.1-29
Employees who are suspended or resigns due to a labor dispute (strike)
Virginia has no law regarding an when an employer must pay an employee who has
resigned due to a labor dispute. Presumably an employer would pay an employee who
resigns employment due to a labor dispute on or before the date he would have normally
been paid for the work.
Wages in Dispute
Virginia does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Deductions from Wages
An employer may not deduct any of the following from an employee's wages unless the
employee has consented in writing:
- shortages,
- damages,
- rent,
- uniforms,
- tools, or
- any other necessary item.
An employer may not withhold or deduct any portion of an employee’s wages unless:
a) required or authorized by law, or
b) the employee consents in writing.
An employer cannot require employees, except executive personnel, to sign agreements
permitting deduction of wages that are not otherwise legally permitted.
Virginia Stat. 40.1-29
Uniforms, Tools, and Other Equipment Necessary for Employment
South Carolina does not have any laws prohibiting an employer from requiring an
employee to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay the cost of a medical
examination or the cost of furnishing any medical records required by the employer as a
condition of employment. Virginia Stat. 40.1-28
An employer may not deduct any of the following from an employee's wages unless the
employee has consented in writing:
- shortages,
- damages,
- rent,
- uniforms,
- tools, or
- any other necessary item.
An employer may not withhold or deduct any portion of an employee’s wages unless:
a) required or authorized by law, or
b) the employee consents in writing.
An employer cannot require employees, except executive personnel, to sign agreements
permitting deduction of wages that are not otherwise legally permitted.
Virginia Stat. 40.1-29
Uniforms, Tools, and Other Equipment Necessary for Employment
South Carolina does not have any laws prohibiting an employer from requiring an
employee to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay the cost of a medical
examination or the cost of furnishing any medical records required by the employer as a
condition of employment. Virginia Stat. 40.1-28
Notice of Wage Reduction
An employer must advise an employee of any change to his or her wage rate before the
hours are worked. VA Dept. of Labor and Industry FAQ
An employer must advise an employee of any change to his or her wage rate before the
hours are worked. VA Dept. of Labor and Industry FAQ
Statement of Wages (Pay Stub)
An employer, upon request, must furnish an employee with a written statement of the gross
wages earned by the employee during any pay period and the amount and purpose of any
deductions. Virginia Stat. 40.1-29
An employer, upon request, must furnish an employee with a written statement of the gross
wages earned by the employee during any pay period and the amount and purpose of any
deductions. Virginia Stat. 40.1-29
Record Keeping Requirements
An employer must maintain records reasonably protected against damage or loss
containing the following information for each worker:
- full legal name;
- social security number;
- the state or states in which his services are performed; and if any of such services are
performed outside the Commonwealth of Virginia not incidental to the services within the
Commonwealth of Virginia, his base of operations with respect to such services (or if there
is no base of operations then the place from which such services are directed or
controlled) and his residence (by state). Where the services are performed outside the
United States, the country in which performed;
- the date of hire, rehire, or return to work after temporary lay off;
- the date when work ceased and the reason for such cessation;
- Scheduled hours (except for workers without a fixed schedule of hours, such as those
working outside their employer's establishment in such a manner that the employer has no
record or definite knowledge of their working hours);
- wages earned in any week by a partially employed individual as such individual is defined
in VA Admin. Code 16:5-10-10;
- whether any week was in fact a week of less than full-time work;
- time lost, if any, by each such worker, and the reason therefor;
- total wages in each pay period, and the total wages payable for all pay periods ending in
each quarter, showing separately (i) money wages, including tips and dismissal or
severance pay, and (ii) the cash value of other remuneration;
- any special payments for service other than those rendered exclusively in a given quarter,
such as annual bonuses, gifts, prizes, etc., showing separately (i) money payments, (ii)
other remuneration, and (iii) nature of said payments;
- amounts paid each worker as advancement, allowance or reimbursement for traveling or
other business expenses, dates of payment, and the amounts of expenditures actually
incurred and accounted for by such worker;
- location in which the worker's services are performed within or outside of the United
States and dates such services are performed outside of the United States. For the
purposes of this subdivision, "United States" means the 50 states, the District of Columbia,
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
No time limit for retaining the information is provided.
VA Admin. Code 16:5-32-10
An employer must maintain records reasonably protected against damage or loss
containing the following information for each worker:
- full legal name;
- social security number;
- the state or states in which his services are performed; and if any of such services are
performed outside the Commonwealth of Virginia not incidental to the services within the
Commonwealth of Virginia, his base of operations with respect to such services (or if there
is no base of operations then the place from which such services are directed or
controlled) and his residence (by state). Where the services are performed outside the
United States, the country in which performed;
- the date of hire, rehire, or return to work after temporary lay off;
- the date when work ceased and the reason for such cessation;
- Scheduled hours (except for workers without a fixed schedule of hours, such as those
working outside their employer's establishment in such a manner that the employer has no
record or definite knowledge of their working hours);
- wages earned in any week by a partially employed individual as such individual is defined
in VA Admin. Code 16:5-10-10;
- whether any week was in fact a week of less than full-time work;
- time lost, if any, by each such worker, and the reason therefor;
- total wages in each pay period, and the total wages payable for all pay periods ending in
each quarter, showing separately (i) money wages, including tips and dismissal or
severance pay, and (ii) the cash value of other remuneration;
- any special payments for service other than those rendered exclusively in a given quarter,
such as annual bonuses, gifts, prizes, etc., showing separately (i) money payments, (ii)
other remuneration, and (iii) nature of said payments;
- amounts paid each worker as advancement, allowance or reimbursement for traveling or
other business expenses, dates of payment, and the amounts of expenditures actually
incurred and accounted for by such worker;
- location in which the worker's services are performed within or outside of the United
States and dates such services are performed outside of the United States. For the
purposes of this subdivision, "United States" means the 50 states, the District of Columbia,
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
No time limit for retaining the information is provided.
VA Admin. Code 16:5-32-10
Frequency of Wage Payments
All employers must establish regular pay periods. All hourly employees must be paid at
least once every two weeks or twice in each month. Salaried employees must be paid at
least once per month. Employees who may also be paid once per month include students
enrolled in a work-study program or its equivalent, and employees whose weekly wages
exceed 150% of the average weekly rate of the state, see Virginia Stat. 65.2-500. Virginia
Stat. 40.1-29
All employers must establish regular pay periods. All hourly employees must be paid at
least once every two weeks or twice in each month. Salaried employees must be paid at
least once per month. Employees who may also be paid once per month include students
enrolled in a work-study program or its equivalent, and employees whose weekly wages
exceed 150% of the average weekly rate of the state, see Virginia Stat. 65.2-500. Virginia
Stat. 40.1-29
Manner of Payments
Wages can be paid by:
- cash,
- check payable at face value (an option must be available for the employee to cash the
check without paying a fee),
- direct deposit into an account designated by the employee, and
- credit to a prepaid debit or card account, so long as the employee has consented.
Virginia Stat. 40.1-29
Direct Deposit
An employer may pay an employee by direct deposit. If an employee has fails to designate
a bank for direct deposit and has not consented to payment via a credit account, the
employer must pay the employee by cash or check. An employer can pay an employee by
credit account, even without the employee’s consent, if the employee failed to designate a
bank for purposes of direct deposit and the employee works where amusement devises
are lawfully operated. Virginia Stat. 40.1-29
Wages can be paid by:
- cash,
- check payable at face value (an option must be available for the employee to cash the
check without paying a fee),
- direct deposit into an account designated by the employee, and
- credit to a prepaid debit or card account, so long as the employee has consented.
Virginia Stat. 40.1-29
Direct Deposit
An employer may pay an employee by direct deposit. If an employee has fails to designate
a bank for direct deposit and has not consented to payment via a credit account, the
employer must pay the employee by cash or check. An employer can pay an employee by
credit account, even without the employee’s consent, if the employee failed to designate a
bank for purposes of direct deposit and the employee works where amusement devises
are lawfully operated. Virginia Stat. 40.1-29
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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Notice Requirements
Virginia does not have any laws requiring employers to provide employees of notice of
wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
Virginia does not have any laws requiring employers to provide employees of notice of
wage rates, dates of pay, employment policies, fringe benefits, or other terms and
conditions of employment.
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
