Virginia’s employment laws pair right-to-work requirements with clear employer obligations, including final paycheck regulations, paid sick leave for home health workers, and a mandatory employee retirement savings plan for employers who don’t already offer retirement savings benefits.
When it comes to talent and workforce management, Virginia-based employers need to comply with the following state employment laws:
The below information was last updated September 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Virginia is one of 26 states that currently have right-to-work laws.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Virginia Minimum Wage | The state of Virginia uses its own minimum wage rate of $12.41, including a tipped minimum wage rate of $2.13 per hour for employees who earn tips with their base pay. |
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Virginia Overtime Pay Laws |
According to state law, overtime pay in Virginia is calculated at 1.5 times the employee’s regular pay rate when working over 40 hours a week. |
| Virginia Pay Equity Law | Under Virginia’s Equal Pay law, all employers in Virginia who aren’t covered by the FLSA may not discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. |
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Virginia Pay Transparency Law |
Virginia currently has no pay transparency laws or regulations. |
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Virginia Final Paycheck Law |
In Virginia, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday. |
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Virginia PTO Payout Laws |
Virginia doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| Virginia Paid Sick Leave (PSL) | Virginia does not have a general, statewide paid sick leave law, but it does have a paid sick leave law unique to home healthcare workers. This law requires employers who employ such workers to provide up to 40 hours of paid sick leave, though workers must work at least 20 hours per week or 90 hours per month to be eligible. |
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Virginia Paid Family and Medical Leave (PFML) |
Virginia currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons. |
| Virginia Maternity Leave | Virginia doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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Virginia Voting Leave Law |
Virginia currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
Virginia, however, also adopted and imposes additional, OSHA-approved regulations that exceed those federal standards (e.g., additional requirements for telecommunications, tree trimming, and electrical work). Virginia’s State OSHA Plan is overseen by the Virginia Department of Labor and Industry.
Virginia currently has no work break laws or regulations.
As described by the Virginia Human Rights Act, employers in Virginia are prohibited from discriminating against employees based on:
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Virginia also requires employers to comply with specific anti-harassment mandates, as outlined in Title VII of the federal 1964 Civil Rights Act. Employers must, for example, have internal processes for dealing with sexual harassment, permitting employees to complain to a specific office or individual.
The state doesn't, however, require employees to complete any harassment or discrimination training courses.
| Virginia Non-Compete Agreement Laws | Virginia is one of several states that limit the use of non-compete agreements. Specifically, §40.1-28.7:8 bans the use of non-compete agreements between employers and low-wage employees, as defined by the state. |
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Virginia Retirement Plan Laws |
Virginia is one of a handful of states with a mandatory retirement plan law. The Retire Path VA program requires employers to register or certify their exemption if they have at least 25 employees and do not already offer a workplace retirement plan. |
| Virginia Pre-Employment Inquiries Laws | Virginia state law §19.2-389.3 prohibits employers from asking a job applicant about conviction history for possession of marijuana, unless otherwise exempt. |
| Virginia Lactation Law | The Virginia Human Rights Act requires employers to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, including lactation. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
