Employment and Labor Laws

Virginia

Virginia Minimum Wage, Overtime, Hours and Leave Laws


Minimum Wage

Virginia’s current minimum wage is $9.50.

For more information on Virginia’s minimum wage laws, visit our Virginia Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:


Overtime

Virginia labor laws require employers to pay employees not less than one and one-half the time of the employees’ regular rates for all hours worked in excess of 40 hours in any one (1) workweek. VA Statute 40.1-29.2


Prevailing Wages

Virginia does not have a prevailing wage law that governs wage rates on government project or service contracts.

Under certain circumstances, employers in Virginia may be required to pay residents wage rates established by federal prevailing wage rates and rules. The prevailing wage rates may be different from the federal and state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on government or government-funded construction projects or perform certain government services. See the Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

Virginia labor laws require employers to provide a lunch period of at least thirty (30) minutes to employees ages fourteen (14) and fifteen (15) when scheduled to work for more than five (5) hours continuously. VA Statute 40.1-81.

Virginia does not require employers to provide breaks, including lunch breaks, for workers sixteen (16) years old or older. VA Dept. of Labor: Labor Law FAQs. An employer who chooses to provide a break in excess of twenty (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 twenty (20) minutes or shorter typically must be paid.


Nursing Mother Breaks

Virginia labor laws require employers to provide reasonable accommodations to employees who are nursing mothers which includes allowing employees who are nursing mothers to take breaks to express breast milk. The necessary reasonable accommodations for employees who are nursing mothers also includes access to private locations other than bathrooms for expressing breast milk. VA Statute 2.2-3909


Vacation Leave

Information about Virginia vacation leave laws may now be found on our Virginia Leave Laws page.


Sick Leave

Information about Virginia sick leave laws may now be found on our Virginia Leave Laws page.


Holiday Leave

Information about Virginia holiday leave laws may now be found on our Virginia Leave Laws page.


Jury Duty Leave

Information about Virginia jury duty leave laws may now be found on our Virginia Leave Laws page.


Voting Leave

Information about Virginia voting leave laws may now be found on our Virginia Leave Laws page.


Severance Pay

Virginia labor laws does not require employers to provide employees with severance pay. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.


Unemployment

Under certain circumstances, Virginia residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Virginia State Unemployment Benefits.


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