Virginia Employment Laws
Virginia is a right-to-work state and an at-will employment state. The minimum wage is $12.41/hr (2025), with scheduled increases. The Virginia Values Act (2020) significantly expanded employment discrimination protections to include sexual orientation and gender identity, and lowered the employer threshold from 15 to 5 employees. Virginia does not have a state OSHA program — federal OSHA applies (except for state and local government workers covered by the Virginia Occupational Safety and Health program, VOSH).
Last verified: 2026-02-25
Statute of Limitations
Wage and hour claims can be filed within 2 years (3 years for willful violations). Discrimination complaints with EEOC must be filed within 300 days. Claims under the Virginia Human Rights Act must be filed within 1 year (extended to 2 years effective 2024).
Key Virginia Statutes
Prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, sexual orientation, gender identity, age (40+), marital status, disability, and veteran status. Applies to employers with 5+ employees (lowered from 15). Provides a private right of action with compensatory and punitive damages, and attorney's fees.
Virginia is a right-to-work state. Employees cannot be required to join a union or pay union dues as a condition of employment. Union security agreements (requiring membership or fees) are prohibited.
Virginia's minimum wage is $12.41/hr (2025). The rate is adjusted annually based on the Consumer Price Index. Tipped employees: $2.13/hr (federal tipped minimum). Virginia previously had no state minimum wage until 2021.
Virginia enacted its own overtime law that mirrors the federal FLSA requirement of 1.5x pay for hours over 40 per week. Importantly, it provides a private right of action with treble damages for violations, which federal law does not.
Virginia prohibits retaliation against employees who report violations of law to a supervisor or government body. Remedies include reinstatement, back pay, and compensatory damages. Separate protections exist for specific sectors (healthcare, fraud reporting).
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.
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