Virginia Labor Laws
An employer guide for 2026

Virginia labor laws at a glance

Virginia's labor rules are changing quickly. The state minimum wage rises on January 1, 2027, and a new general paid sick leave law begins phasing in on July 1, 2027. Here is where things stand in November 2026.

EZTime labor rule alerts flag overtime and missed rest periods before payroll.

Virginia minimum wage

Virginia's minimum wage is $12.77 per hour through December 31, 2026, according to the Virginia Department of Labor and Industry (DOLI). In April 2026 the Governor signed HB1 and SB1, which set the next steps in the Virginia Minimum Wage Act:

Each step is the stated rate or the federal minimum, whichever is greater. The Act applies regardless of business size. The state's minimum wage timeline shows the rate has climbed from $9.50 in May 2021. Plan payroll updates before the first pay period of 2027 (Governor’s announcement).

Tipped workers, trainees and exemptions

A tipped employee is one who customarily and regularly receives more than $30 a month in tips. DOLI's 2026 poster explains that employers may pay such employees a cash wage of $2.13 per hour, but the hourly wage plus tips must equal at least $12.77; the employer pays any shortfall. The same rule will apply against $13.75 in 2027.

Employees in an established on-the-job training program of 90 days or less that meets DOLI regulations may be paid the greater of the federal minimum or 75% of the Virginia minimum. The Act exempts several groups, including workers under 16 and minors employed by a parent or guardian. Beginning January 1, 2027, the exemption for farm laborers ends, so farm workers will be covered by the state minimum wage.

Overtime in Virginia

Virginia does not have a separate daily overtime rule. Under Va. Code § 40.1-29.2, an employer that violates the overtime pay requirements of the federal Fair Labor Standards Act is liable to the employee under state law, using the FLSA's definitions, exemptions and calculation methods. In practice, non-exempt employees earn 1.5 times their regular rate for hours over 40 in a workweek. Claims can be brought in state court within three years. Our FLSA overtime guide covers the federal exemption tests, and the overtime calculator handles the math.

Meal and rest breaks

Virginia has no meal or rest break requirement for adult employees. The U.S. Department of Labor meal period table shows no adult rule for Virginia, and the rest period table lists no paid rest break mandate. Short breaks you choose to give are generally paid work time under federal law.

For minors, Va. Code § 40.1-80.1 and the hours of work regulation provide that a worker under 16 may not work more than five hours continuously without an interval of at least 30 minutes for a lunch period. Breaks shorter than 30 minutes do not count toward this rule.

Paid sick leave and other leave

Today: Virginia's existing paid sick leave law (Article 2.1) covers home health workers who provide consumer-directed personal care, respite or companion services under the state Medicaid plan and work on average at least 20 hours a week or 90 hours a month. They earn at least 1 hour for every 30 hours worked, up to 40 hours a year, with unused leave carrying over.

Coming in 2027: a new general paid sick leave law (Article 2.1:1, effective July 1, 2027) will phase in by employer size:

• Accrual: at least 1 hour per 30 hours worked from the start of employment; exempt employees are treated as working 40 hours a week unless their normal week is shorter.
• Cap: employees may accrue and use up to 40 hours a year unless you set a higher limit. Front-loading 40 hours satisfies the accrual rule.
• Uses: the employee's or a family member's illness, injury, health condition or preventive care, and needs arising from domestic violence, sexual assault or stalking.
• Rules: unused leave carries over; payout at separation is not required; leave must be reinstated if an employee is rehired within 12 months; documentation can be requested only for absences of three or more consecutive workdays; the minimum increment can be no more than four hours.
• Records: keep accrual and use records for three years. DOLI will issue regulations on written notice and posting.

Start tracking hours now so accrual is easy to switch on; the PTO accrual calculator can help you model the 1-for-30 rate.

Paydays and final paychecks

Under Va. Code § 40.1-29, employers must set regular pay periods. Salaried employees must be paid at least once a month, and hourly employees at least once every two weeks or twice a month. Monthly pay is allowed for students in a work-study program and, with each employee's agreement, for employees whose weekly wages exceed 150% of the Commonwealth's average weekly wage.

When employment ends, for any reason, all wages due for work performed must be paid on or before the date the employee would have been paid for that work. On each regular payday, employers must provide a written statement, by paystub or online accounting, showing:

• The employer's name and address
• Hours worked, for hourly employees and salaried employees paid below the federal overtime salary level
• The rate of pay and gross wages for the period
• The amount and purpose of each deduction
• Enough detail for the employee to see how gross and net pay were calculated

Child labor hours

Virginia's child labor law requires the employer to obtain and keep on file an employment certificate before a child under 16 starts work, with limited exceptions such as farm work. DOLI calls this the Youth Employment Certificate; it is issued on the child's application with a parent's permission, at no charge. Hour limits for workers under 16 come from the state regulation:

Virginia does not set separate daily or weekly hour limits for 16- and 17-year-olds, but everyone under 18 is barred from a list of hazardous jobs, such as driving commercial vehicles (with narrow exceptions), roofing, demolition and operating many power machines.

Recordkeeping and posters

DOLI's required posters page lists the state notices employers must display, including the Virginia Occupational Safety and Health poster, Reasonable Accommodations for Pregnancy, Seizure First Aid, the unemployment insurance notice (VEC-B-29), the workers' compensation notice, and the Virginia Earned Income Tax Credit poster. DOLI also publishes a 2026 Virginia Minimum Wage poster; watch for the 2027 version. Keep complete hours and pay records so you can produce paystub details and, from July 2027, sick leave records. A time card calculator can help verify totals.

How EZTime helps Virginia employers

EZTime gives Virginia businesses one place to capture hours and keep them compliant. Employees can clock in from a GPS mobile time clock with geofencing, tap NFC tags at a job site, or use a tablet kiosk or biometric clock at the front door. Managers build shifts with templates and approve swaps in the scheduling software, get alerts before someone crosses an overtime threshold or misses a break, and track PTO and sick-leave balances automatically. At the end of the period, export payroll-ready Excel or PDF reports that work with any payroll software. Plans start from $2 per employee per month, with a 14-day trial — see pricing.

This guide is general information, not legal advice. Laws change; check the Virginia Department of Labor and Industry (DOLI) or an employment attorney. Last reviewed November 2026.