The Virginia Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

$12.77 per hour (Effective January 1, 2026)

Exceptions: Virginia law generally follows the federal Fair Labor Standards Act (FLSA) exemptions. Full-time students, apprentices, and certain disabled workers may be paid a sub-minimum wage with proper certification.

→ Learn more about Deputy's labor law compliance software

$2.13 per hour

Employers may pay tipped employees a cash wage of $2.13 per hour, provided that the employee’s tips plus the cash wage equal at least the full state minimum wage of $12.77 per hour (as of 2026). If the total does not reach this amount, the employer must make up the difference.

Virginia employers are subject to the Virginia Overtime Wage Act (VOWA).

• Rate: Non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 hours in a workweek.

• Alignment: VOWA generally adopts the exemptions and calculation methods of the federal FLSA.

Virginia generally follows federal law for adult employees but has specific protections for minors.

• Adults: Employers are not required to provide meal or rest breaks for employees aged 16 and older.

• Minors (Under 16): Must receive a 30-minute meal break (unpaid) after working 5 consecutive hours.

• Payment Rule: If an employer chooses to provide short breaks (usually 20 minutes or less), federal law requires that this time be paid. Bona fide meal periods (usually 30 minutes or more where the employee is completely relieved of duty) do not need to be paid.

→ Find out how Deputy can help you simplify meal and rest break compliance

Virginia law does not require private employers to provide paid or unpaid vacation or sick leave. Employers may offer these benefits at their discretion.

→ Learn more about Deputy's leave management software

Minors Under 14: Generally prohibited from working. Exceptions include work in a family business (non-hazardous), newspaper delivery, or entertainment (with a permit).

Minors Ages 14–15

• School Days: Max 3 hours per day / 18 hours per week.

• Non-School Days: Max 8 hours per day / 40 hours per week.

• Hours: 7:00 AM – 7:00 PM (Extended to 9:00 PM from June 1 through Labor Day).

• Break Requirement: Must have a 30-minute break after 5 consecutive hours of work.

• Employment Certificate: Required.

Minors Ages 16–17

• Hours: There are no specific daily or weekly hour restrictions for minors 16 and 17, but they cannot work during school hours unless enrolled in a work-training program.

• Hazardous Occupations: Prohibited from working in jobs deemed hazardous by the Commissioner of Labor and Industry (e.g., excavation, manufacturing explosives, driving/helper on a vehicle).

• Employment Certificate: Not typically required for general employment, though age verification is recommended.

Hiring
Virginia is a right-to-work state. As such, employers cannot use membership or non-membership in a labor union to deny a worker employment.

Employers in Virginia are prohibited by federal and state laws from discriminating against a candidate for employment based solely on any of the following:

• Race

• Religion

• National origin

• Gender

• Pregnancy/childbirth

• Marital status

• Disability

• Age

• Sexual orientation

• Expunged criminal records

• Non-conviction arrests

• Tobacco use

• Lactation

Firing
Virginia is an at-will employment state. As a result, employers and employees in Virginia can terminate an employment relationship at any time, with or without cause. The exception is when an employment contract is in place that states otherwise. 

Employers in Virginia are not permitted to fire employees in retaliation for exercising employment rights or filing complaints of discrimination against the employer.