Virginia Labor Law Guide
Virginia is known for having a diverse and thriving business climate, with various industries contributing to its economic growth. Virginia benefits from its proximity to the nation’s capital, Washington, D.C. Many businesses, particularly in the technology, government contracting, and professional services sectors, find strategic advantages in locating near the federal government. Northern Virginia, in particular, is recognized as a technology and innovation hub.
Minimum Wage
$12
Overtime Wage
$1.5x Regular Wages
Meal Breaks
Not mandated
Rest Breaks
Paid if 20 minutes or less
As of January 1, 2023, the minimum wage in Virginia is $12 per hour. The minimum wage for tipped employees is also $12 per hour, plus tips.
Overtime rules in Virginia are governed by federal law, specifically the Fair Labor Standards Act (FLSA).
Overtime pay for non-exempt employees is paid at a rate of 1.5 times their regular hourly rate for hours worked beyond 40 in a workweek.
The Virginia Department of Labor and Industry (DOLI) enforces labor laws in the state, and employers in Virginia must comply with federal overtime regulations.
Virginia does not have specific state laws mandating meal or rest breaks for adult employees. Unlike some other states, Virginia does not require employers to provide designated breaks for meals or rest periods. Instead, Virginia follows the principle of employment-at-will, where employers have flexibility in establishing their break policies.
However, it’s important to note that federal regulations, specifically those outlined in the Fair Labor Standards Act (FLSA), may impact break policies:
Meal Breaks: The FLSA does not require employers to provide meal breaks for employees. If employers choose to provide meal breaks, they may be unpaid, provided the employee is completely relieved of duties during the break.
Rest Breaks: Similarly, the FLSA does not mandate rest breaks for adult employees. If employers choose to allow short breaks (typically 5 to 20 minutes), these breaks are generally considered compensable work time and must be paid.
While Virginia does not have specific state laws on breaks, employers should be aware that the absence of state regulations does not exempt them from federal requirements. Employers should comply with federal laws, and if they choose to provide breaks, they should ensure that break policies align with applicable regulations.
Virginia did not have a state law mandating paid leave for employees until 2021. Employers were free to decide paid leave based on their internal policies and collective bargaining agreements. But a new law came into effect into 2021 that establishes mandatory paid sick leave.
- Virginia Values Act: The Virginia Values Act prohibits discrimination based on sexual orientation and gender identity. While it does not specifically enforce paid leave, it ensures that employers must have same leave policy for all employees.
- Virginia Overtime Wage Act: From July 1, 2021, the Virginia Overtime Wage Act grants certain employees the right to receive overtime pay.
- Virginia Earned Sick Time Law: The Virginia Values Act has provisions for earned sick leave for specific employees. Employers must provide earned sick time to employees, with individuals accruing a minimum of one hour for every 30 hours worked.
- COVID-19 Emergency Temporary Standard: The Virginia Department of Labor and Industry had issued a temporary standard in response to the COVID-19 pandemic. This standard addresses various issues, including paid leave for affected employees. It should be noted that this standard may have undergone modifications in response to evolving circumstances.
- Many Virginia employers also give paid time off for the US national holidays.
The state of Virginia exempts several types of employees from the minimum wage rule.
Exempt Employees:
- Full-time students who work for less than 20 hours per week during the academic session
- Childcare providers who work for 10 hours per week,
- Dependent minors under 18 years of age engaged in employment under the supervision of a custodial parent or legal guardian,
- Personnel serving at summer camps for children
- Any individual below the age of 16, irrespective of their employer
- Any additional employee, as prescribed by the Fair Labor Standards Act, who qualifies for exemption from the federal minimum wage.
- Salary Basis Test: Exempt employees are typically paid on a salary basis, meaning they receive a predetermined salary that is not subject to reduction based on the quality or quantity of work performed.
- Salary Level Test: Exempt employees must meet a minimum salary threshold to qualify for exemption. The minimum salary for exemption is $684 per week.
- Duties Test: Exempt employees must perform specific job duties that fall into one of the FLSA’s exempt categories, such as executive, administrative, professional, or certain computer-related duties.
Non-Exempt Employees:
- Hourly Pay: Non-exempt employees are typically paid on an hourly basis and are entitled to overtime pay for hours worked in excess of 40 hours in a workweek.
- Overtime Pay: Overtime pay for non-exempt employees is generally calculated at 1.5 times their regular rate of pay for each hour worked beyond 40 hours in a workweek.
Virginia lacks a state-specific Equal Pay Act, but its employers are bound by federal legislation, namely the federal Equal Pay Act of 1963 under the Fair Labor Standards Act (FLSA). The primary objective of the federal Equal Pay Act is to rectify wage disparities rooted in gender for employees engaged in substantially similar work. Key tenets of the federal Equal Pay Act encompass:
Equitable Work:
According to this law, employers must pay employees equally irrespective of their gender when they perform jobs necessitating substantially similar skill, effort, and responsibility, and executed under comparable working conditions.
Disparities in pay are permissible if they arise from seniority systems, merit systems, systems that assess earnings based on quantity or quality of production, or any other factor unrelated to an individual’s sex.
Protection against Retaliation:
The Equal Pay Act explicitly prohibits employers from retaliating against employees who assert their rights under the Act.
The Virginia Values Act, implemented on July 1, 2020, has provisions specifically addressing discrimination based on sexual orientation and gender identity. While not explicitly an Equal Pay Act, it contributes to the broader framework of anti-discrimination legislation within the state.
Virginia adheres to the tenet of employment-at-will, wherein the employer or employee can terminate the employment relationship at their discretion, provided there is no contractual agreement stating otherwise.
This prerogative extends to terminating the relationship for any lawful reason or even for no reason at all. Nonetheless, there exist crucial considerations and legal principles concerning the hiring and firing of employees in Virginia:
- Employment-At-Will: Virginia operates under an employment-at-will framework, granting employers and employees the flexibility to terminate employment without cause, as long as the termination does not stem from illegal discrimination or retaliation.
- Anti-Discrimination Laws: Employers in Virginia must comply with federal anti-discrimination laws, such as the Title VII of the Civil Rights Act of 1964, which bars discrimination based on race, color, religion, sex, or national origin. Virginia law may encompass additional protected categories.
- Background Checks: Employers conducting background checks in Virginia must adhere to federal regulations like the Fair Credit Reporting Act (FCRA) and abide by state guidelines governing the use of criminal background information.
- 4Work Eligibility Verification: Employers must adhere to federal immigration laws, which involve completing Form I-9 to verify the work eligibility of employees.
- Notice Requirements: Virginia law mandates that employers provide employees with specific notices pertaining to the terms and conditions of their employment, encompassing the rate of pay, regular payday, and other pertinent information.
- Final Paychecks: Upon termination, employers are generally required to furnish employees with their final paychecks promptly and in accordance with applicable regulations.
- Employment Contracts: Employment contracts, when in effect, have the potential to modify the at-will relationship. Employers and employees can negotiate specific terms concerning termination within such contracts.
- WARN Act: The federal Worker Adjustment and Retraining Notification (WARN) Act may be applicable to employers with 100 or more employees, necessitating advance notice of plant closings or mass layoffs.
- Retaliation Protections: Employees are safeguarded against retaliation for engaging in certain protected activities, such as reporting workplace violations or filing discrimination complaints.
It is important for employers to remain well-informed about changes in employment laws and to seek guidance from legal professionals to ensure compliance with the latest regulations. Additionally, establishing clear and meticulously documented employment policies and procedures can aid employers in navigating the intricacies of hiring and firing while adhering to the law.