Virginia employment rules for employers

Virginia minimum wage is $12.77 per hour, effective January 1, 2026. (Virginia Minimum Wage Act (U.S. DOL WHD state minimum wage table))

“Virginia Basic Minimum Rate (per hour): $12.77”

“the Virginia minimum wage rate will increase to $12.77 effective January 1, 2026, in accordance with Virginia law.”

dol.gov · doli.virginia.gov

• High earners by agreement: Employees whose weekly wages total more than 150 percent of the Commonwealth average weekly wage may be paid monthly, upon agreement of each affected employee. (Va. Code § 40.1-29 (U.S. DOL WHD state payday table, footnote 24))

  “24 Virginia. Employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth may be paid monthly, upon agreement of each affected employee.”

  “employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500, upon agreement by each affected employee, may be paid once each month if the institution or employer so chooses.”

  dol.gov · law.lis.virginia.gov · verified Sep 24, 2026 · 2 official sources

• Hourly employees: Employees paid on an hourly rate must be paid at least once every two weeks or twice in each month. (Va. Code § 40.1-29 (U.S. DOL WHD state payday table))

  “Virginia X 24 X 24 X 24 X 2”

  “All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month”

  dol.gov · law.lis.virginia.gov · verified Sep 24, 2026 · 2 official sources

• Salaried employees: Salaried employees must be paid at least once each month. (Va. Code § 40.1-29 (U.S. DOL WHD state payday table))

  “Virginia X 24 X 24 X 24 X 2”

  “All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month”

  dol.gov · law.lis.virginia.gov · verified Sep 24, 2026 · 2 official sources

No state meal break requirement for adult employees in private employment. (U.S. DOL WHD table of state meal period requirements (Virginia not listed))

“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”

“Does an employer have to provide employees breaks or a meal period? No, unless the employee is under the age of 16.”

dol.gov · doli.virginia.gov

No state rest break requirement for adult employees in private employment. (U.S. DOL WHD table of state paid rest period requirements (footnote 1; Virginia not listed))

“1 States not listed do not require paid rest periods.”

“Does an employer have to provide employees breaks or a meal period? No, unless the employee is under the age of 16.”

dol.gov · doli.virginia.gov

Under Virginia's payment of wage laws, vacation leave and paid time off are 'fringe benefits', not wages, and the Department of Labor and Industry does not enforce them. An employee who believes a fringe benefit is owed may file a civil suit against the employer. (Virginia DOLI, Payment of Wage Claim Form and Instructions (LL-POW-01))

“Under Virginia’s payment of wage laws, “wages” are specifically moneys earned for work performed. Sick leave, vacation leave, paid time off, and severance are considered “fringe benefits” and the Department DOES NOT have enforcement over them.”

“Note: Sick Leave, Paid Holidays, Vacation Leave, Severance Benefits, Per Diem and Expense Reimbursements are NOT “wages” within the meaning of the wage statute.”

doli.virginia.gov · doli.virginia.gov

• Accrual: Limited scope: Virginia's current paid sick leave law covers only home health workers (consumer-directed personal care, respite or companion services). They accrue at least one hour of paid sick leave for every 30 hours worked. (Va. Code § 40.1-33.4)

  “A. All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked.”

  “Qualified Consumer-Directed care attendants will earn 1 hour of sick leave per every 30 hours worked.”

  law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

• Annual cap: Limited scope (home health workers only): an employee may not accrue or use more than 40 hours of paid sick leave a year unless the employer sets a higher limit. (Va. Code § 40.1-33.4)

  “An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.”

  “Attendants may earn and use up to 40 hours of sick leave per fiscal year (July 1- June 30).”

  law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

• Employee eligibility: Covered employees under the current law are home health workers who work on average at least 20 hours per week or 90 hours per month. (Va. Code § 40.1-33.3)

  “"Employee" means a home health worker who works on average at least 20 hours per week or 90 hours per month.”

  “Consumer-Directed attendants who work an average of 20 hours per work week or at least 90 hours per month.”

  law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

One more case for this topic is not verified yet. Check the official source.

Virginia recognizes only a narrow public-policy exception to at-will employment (Bowman v. State Bank of Keysville), which its Supreme Court has construed narrowly and applied in few instances. (Bailey v. Scott-Gallaher, Inc., Supreme Court of Virginia, Record No. 960530)

“We have also held, however, that the common law employmentat-will doctrine is not absolute, and we have recognized certain narrow public policy exceptions to this doctrine.”

“We have narrowly construed the public policy exception to that doctrine, and we have applied that exception in few instances.”

vacourts.gov · vacourts.gov

At the time of separation from employment, a Virginia employer must give every separated employee a copy of the required Separation Notice to Workers about the availability of unemployment compensation, in person or electronically at separation, or by mail to the employee's last known address. (16VAC5-32-20(F))

“F. At the time of separation from employment, an employer shall provide a copy of the required Separation Notice to Workers regarding availability of unemployment compensation to any employee who is separated from such employer. Such notice shall be provided in person or electronically to the individual at the time of separation or mailed to the individual's last known address.”

“The amendment adds the requirement for employers to provide notification to workers at the time of separation of the availability of unemployment compensation.”

law.lis.virginia.gov · register.dls.virginia.gov