Virginia Employment Law Deadlines & Compliance 2026
Looking for the full Virginia employee handbook guide?
Required policies, penalty exposures, cost breakdown, and FAQ — cite-checked against state statute.
Virginia Employment Law At a Glance
Key compliance facts for Virginia employers, drawn from primary statutory citations. For the full handbook-grade guide with required policies, penalty schedules, and FAQ, upgrade to a DocBird Pro handbook.
At-Will Status
At-will employment
2 exceptions
- Public policy exception: Virginia recognizes a narrow wrongful discharge tort when a termination violates a public policy explicitly expressed in Virginia Constitution, statutes, or judicial decisions. The exception was established in Bowman v. State Bank of Keysville and interpreted narrowly. Recognized grounds include discharge for filing workers' compensation claims, for jury service, for voting, or for exercising rights under specific Virginia statutes. General notions of unfairness are insufficient.
- Implied contract exception: Virginia courts are quite reluctant to find implied employment contracts from handbook language. Courts require very specific and definite promises of job security — not mere procedural descriptions. At-will disclaimers in Virginia are highly effective and routinely enforced. Employers should include signed at-will acknowledgments in offer letters and require handbook acknowledgment signatures from all employees.
Minimum Wage
$12.00/hr (eff. 2023-01-01)
Virginia minimum wage reached $12.00 per hour on January 1, 2023, with a scheduled increase to $13.50 per hour on January 1, 2025, and further increases indexed to CPI thereafter under SB 7 (2020). A tip credit of up to 40% of the minimum wage applies for tipped employees in the food service industry; total hourly compensation must equal the state minimum. Local governments cannot set higher minimum wages.
Paid Sick Leave
No state mandate
Bereavement Leave Law
No state mandate
Key Virginia Employment Statutes
Virginia Minimum Wage Act
Establishes the statewide minimum wage with scheduled increases and eventual CPI indexing. The Virginia Department of Labor and Industry (VDOLI) enforces violations; employees may recover unpaid wages plus an equal amount in liquidated damages in civil actions within three years. Employers must post the current minimum wage notice and maintain payroll records for three years. The tipped wage credit applies to food service employees.
Virginia Human Rights Act (VHRA)
Prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, age (40+), marital status, disability, sexual orientation, and gender identity. The VHRA was significantly expanded in 2020 (Virginia Values Act). Applies to employers with 15 or more employees for most protections. The Virginia Office of Civil Rights (OCR) investigates complaints. Damages include reinstatement, back pay, compensatory damages, and punitive damages.
Virginia Wage Payment Act
Requires wages to be paid at regular intervals. Final wages for all separated employees must be paid on or before the next regular payday. Effective July 1, 2020, the Act was strengthened: employees may now recover up to 3x unpaid wages (treble damages) plus attorney fees for willful violations. The Wage Theft Act amendments allow the AG to investigate systemic violations and impose civil penalties. Three-year statute of limitations.
Virginia Occupational Safety and Health Act (VOSH)
Requires Virginia employers to maintain safe and healthful workplaces. Virginia operates a state OSHA plan (VOSH) under federal OSHA approval, covering both public and private sector employers. VOSH standards mirror federal OSHA standards. Employers must record and report work-related injuries and illnesses, post required safety notices, and conduct workplace hazard assessments. VOSH provides consultation services for employers seeking compliance assistance.
Need the full Virginia employee handbook?
Required policies, penalty schedules, FAQ, and a state-specific handbook generator — Pro plan.
Generate your Virginia handbook →Ready to get compliant?
Generate your Virginia handbook →Generate Your Virginia-Compliant Employee Handbook
DocBird drafts state-specific handbooks that cover every policy, statute, and penalty outlined on this page — in minutes, not weeks.
Get your handbook now →Starting at $49 · State-compliant in 5 minutes