Employer guide · Reviewed October 2026

Virginia HR laws for employers (2026)

The Virginia rules employers ask about most: minimum wage, overtime, final pay, unused vacation, paid sick leave and breaks.

$12.77minimum wage per hour

Limited (expands 2027)statewide paid sick leave

Depends on policyunused vacation payout at separation

Virginia employment law at a glance

Minimum wage	$12.77 per hour Verify
Tipped cash wage	$2.13 per hour
Overtime	No daily overtime; overtime follows the federal rule of time-and-a-half over 40 hours per week. Verify
Final pay when fired	On or before the next regular payday (the date the employee would have been paid had employment continued).
Final pay when an employee quits	Same as discharge: on or before the next regular payday.
Unused vacation / PTO at separation	Not required by statute; depends on the employer's policy or agreement. Verify
Paid sick leave	Currently required only for certain home health workers. A new law (HB 5/SB 199, 2026) will require 1 hour per 30 hours worked, up to 40 hours a year, phased in starting July 1, 2027 for employers with 50+ employees and later for smaller employers. Verify
Meal breaks	No state requirement for adult employees.
Rest breaks	No state requirement.

Minimum wage note: Under legislation signed in April 2026, the minimum rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then adjusts annually. Farm workers become covered by the state minimum from January 1, 2027.

Verify means we could not confirm that item from an official Virginia or US Department of Labor source, so check it with the state before relying on it.

Other Virginia rules to know

Since July 1, 2026, employers must include a good-faith pay range in job postings and may not ask about or rely on salary history.
Non-competes are banned for low-wage and non-exempt employees; for agreements signed on or after July 1, 2026, they cannot be enforced against employees fired without cause unless severance or other payment is provided. A state paid family and medical leave program begins with contributions in April 2028.

Free Virginia HR forms

Offer LetterVirginia rules and checklist Onboarding ChecklistVirginia rules and checklist PTO Request FormVirginia rules and checklist Final Pay ChecklistVirginia rules and checklist Employee Exit ChecklistVirginia rules and checklist Resignation AcknowledgmentVirginia rules and checklist

Have a Virginia HR question?

Ask the AskHrAI assistant and get an answer grounded in state and federal rules.

Ask a free HR question

Frequently asked questions

What is the minimum wage in Virginia in 2026?

$12.77 per hour, effective January 1, 2026. Under legislation signed in April 2026, the minimum rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then adjusts annually. Farm workers become covered by the state minimum from January 1, 2027.

When is a final paycheck due in Virginia?

If the employer ends employment: On or before the next regular payday (the date the employee would have been paid had employment continued). If the employee quits: Same as discharge: on or before the next regular payday.

Does Virginia require paying out unused vacation?

Not required by statute; depends on the employer's policy or agreement.

Is paid sick leave required in Virginia?

Currently required only for certain home health workers. A new law (HB 5/SB 199, 2026) will require 1 hour per 30 hours worked, up to 40 hours a year, phased in starting July 1, 2027 for employers with 50+ employees and later for smaller employers.

Sources

This page is general information for employers, not legal advice. Employment laws change and can vary by city and county. Confirm details with the state labor department or an employment attorney. Read our disclaimer.