Virginia Employment Law — full calculator

Frequently Asked Questions

• What is Virginia's minimum wage for 2026?

  Virginia's minimum wage is $12.77 per hour, effective January 1, 2026 (up from $12.41 in 2025). The rate is adjusted annually by the U.S. Consumer Price Index. This exceeds the federal FLSA floor of $7.25/hr.

• Does Virginia require daily overtime pay?

  No. Virginia's Overtime Wage Act (Va. Code § 40.1-29.2) mirrors the federal FLSA: overtime is owed at 1.5× the regular rate for hours worked over 40 per workweek only. There are no daily overtime thresholds or double-time provisions in Virginia.

• When must a Virginia employer issue a final paycheck after termination?

  Virginia employers must pay all earned wages on or before the next regular payday following separation (Va. Code § 40.1-29). The same deadline applies whether the employee was fired, laid off, or resigned. There is no same-day rule.

• What are the penalties for late or withheld final wages in Virginia?

  Virginia imposes layered penalties: (1) liquidated damages equal to the unpaid wages plus 8% annual interest; (2) triple damages for willful non-payment at the court's discretion; (3) a civil penalty up to $1,000 per violation assessed by the DOLI Commissioner; (4) criminal liability — Class 1 misdemeanor for unpaid wages under $10,000, Class 6 felony for $10,000 or more.

• Are non-compete agreements enforceable in Virginia?

  Virginia bans non-compete agreements for 'low-wage employees' earning less than $1,507.01 per week (2026 threshold, Va. Code § 40.1-28.7:8). The ban also covers all overtime-eligible employees regardless of pay level, and interns, students, apprentices, and trainees. Violating employers face a $10,000 civil penalty per violation.

• What is Virginia's non-compete salary threshold for 2026?

  The 2026 threshold for 'low-wage employee' status under Virginia's non-compete ban is $1,507.01 per week (approximately $78,364 annually). This figure is updated each year based on the Commonwealth's average weekly wage. Workers below this threshold — and all overtime-eligible workers — are protected regardless of earnings.

• Does Virginia require employers to provide paid sick leave?

  Yes. Under Va. Code § 40.1-33.4, all Virginia employers must allow employees to accrue at least 1 hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Unused leave carries over to the next year. Employers with equivalent paid-time-off policies satisfying the same accrual and usage rules are compliant.

• Does Virginia require meal and rest breaks for adult employees?

  No. Virginia does not mandate meal or rest breaks for adult employees in the private sector — it follows the FLSA's silence on this topic. The only break requirement applies to workers under age 16, who must receive a 30-minute break after 5 consecutive hours of work.

• What is Virginia's tipped minimum wage in 2026?

  Virginia does not set a separate tipped minimum cash wage. Employers may apply a tip credit, but the employee's combined cash wage plus tips received must equal at least $12.77 per hour. If tips are insufficient, the employer must make up the difference.

• How does Virginia's overtime law differ from the federal FLSA?

  The rate and weekly threshold are identical: 1.5× regular rate for hours over 40 per workweek. Virginia's Overtime Wage Act (Va. Code § 40.1-29.2) adds an independent state cause of action, allowing workers to sue under state law with liquidated damages, attorney fee recovery, and a 2-year statute of limitations (3 years for willful violations) — providing a separate and potentially more convenient legal avenue.