Virginia Minimum Wage Laws




Minimum wage

Virginia’s current minimum wage is $7.25.

Virginia has adopted the federal minimum wage set forth by the Fair Labor Standards Act as its minimum wage. VA Statute 40.1-28.10. Virginia minimum wage laws exempt all employees entitled to minimum wage under the Fair Labor Standards Act; thus, because most employees in Virginia are subject to the Fair Labor Standards Act, the provisions of Virginia’s minimum wage law do not apply to most employee working in Virginia. VA Statute 40.1-28.9(B)(12). Additionally, Virginia minimum wage laws do not apply to employers with fewer than four persons employed at any one time; provided that the employer’s spouse, children and parents are not be counted in determining the number of persons employed. VA Statute 40.1-28.9(B)(15).





Tip minimum wage

Virginia minimum wage laws do not establish a tipped minimum wage and do not require employers to pay tipped employees a cash wage. Employer must, however, ensure that tipped employees receive enough tips so that they are paid the standard minimum wage for all hours worked. If tipped employees do not receive enough tips to be paid the standard minimum wage for all hours worked, the employer must pay employees the deficiency. VA Statute 40.1-28.9(D)



Tip pooling and sharing

Virginia minimum wage laws do not address whether an employer may require employees to participate in tip pooling or tip sharing arrangements.



Subminimum wage

Employees with disabilities

Virginia minimum wage laws allow employers to pay employees with disabilities a subminimum wage rate less than the standard minimum wage, because Virginia exempt employees with disabilities from its minimum wage requirements. Virginia Minimum Wage Act 40.1-28.9(B)(13).



Trainees

Virginia minimum wage laws permit employers to pay trainees a subminimum wage rate that is less than the standard minimum wage consistent with the training wage set forth by the federal Fair Labor Standards Act. Virginia Minimum Wage Act 40.1-28.10.



Apprentices

Virginia minimum wage laws allow employers to pay apprentices participating in bona fide apprentice programs a subminimum wage that is less than the standard minimum wage, because Virginia exempts such apprentices from its minimum wage requirements. VA Statute 40.1-28.9(B)(14).



Learners

Virginia minimum wage laws allow employers to pay learners participating in bona fide educational programs a subminimum wage that is less than the standard minimum wage, because Virginia exempts such learners from its minimum wage requirements. VA Statute 40.1-28.9(B)(14).



Student learners

Virginia minimum wage laws allow employers to pay student learners enrolled full-time in a work-study program at any secondary school, institution of higher education, or trade school a subminimum wage that is less than the standard minimum wage, because Virginia exempts such student learners from its minimum wage requirements. VA Statute 40.1-28.9(B)(16A).



Student workers

Virginia minimum wage laws allow employers to pay student workers a subminimum wage rate that is less than the standard minimum wage if the student worker is 18 years of age or younger and enrolled in any secondary school, institution of higher education, or trade school. Virginia exempts such student workers from its minimum wage requirements. VA Statute 40.1-28.9(B)(14).