Knowledge — 1 year ago

Virginia Employment Law Explained in Full

by Toni S.

Virginia Employment Law, Virginia Employment Laws

Virginia Employment Laws: What are the Employment Laws in Virginia?

Employment or labor laws are a set of rules and guidelines which codifies the rights, duties as well as the obligations of employees, employers, and labor unions into law. The focus of labor and employment laws is to bridge the gap between the imbalance in bargaining rights amongst employees and employers. Throughout the last century, the United States federal government has created laws that protect the basic socio-economic rights of employees with the Fair Labor Standards Act of 1938; and encouraging individual states within the federation to go above and beyond the minimums for their respective state laws.

Employment Laws in Virginia

The state of Virginia follows the federal law for a wage as well as time requirements enforcing the legislation of the Fair Labor Standards Act; with the minimum wage being defined through the Virginia Minimum Wage Act. The following are some of the employment rules and regulations followed in the state of Virginia.

Wage Laws: The minimum wage for an employee in the state of Virginia is $7.25, which is tied to the federal minimum wage. In the case of tipped employees, employers have the option of paying a lower minimum wage; however, the lower value and the tips collected must add up to the minimum wage. Otherwise, the employer has to compensate on the same.

Virginia Employment Law
The state does not have a separate overtime rule. However, employees are required to be paid overtime according to the federal Fair Labor Standards Act. Employers are required to pay their employees twice every month, or earlier; with pre-designated pay dates. Salaried employees can be paid once a month. The payment method can be cash, check, direct deposit or payroll debit card; wherein employees are not required to pay for the service. Failing to comply with the laws above is a criminal offense; with a minimum penalty of $1000 per violation as well as criminal charges for intentional and willful violation of the law.
Legal Holiday Laws: All employers operating in the state of Virginia are required to provide holidays for days deemed as legal holidays by the state. According to Section 2.2-3300, the following days are considered as legal holidays:
  • New Year’s Day
  • Lee-Jackson Day
  • Washington’s Birthday
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus and Yorktown Day
  • Veteran’s Day
  • Thanksgiving
  • Friday after Thanksgiving
  • Christmas
  • Martin Luther King Jr.’s Birthday
Virginia Employment Laws

Right to Work Laws: Virginia is an "at-will" state, whereby employers can terminate the employment of employees at will, and employees to are empowered to leave their profession at will. According to the right to work laws, an employer cannot discriminate against an employee on account of membership with a labor union organization. Labor unions are prohibited from denying non-members the right to work; nor can they charge for dues as conditions for employment. In case of an employer willfully violating the law, an employee can contact and file a complaint with the Virginia Department of Labor and Industry.

Virginia Workers Civil Rights Laws:
According to the Civil Rights Act of 1964, employees are prohibited from discriminating workers based on gender, color, race, religion and other characteristics. Virginia state law statutes 40.1- 28.6 ensure equal pay for every individual for the same work irrespective of characteristics defined under the Civil Rights Act. In addition to the federal laws, Virginia civil rights laws protect employees against discrimination by marital status.

Knowing the employment laws in Virginia will help individuals who are working in the place to know their right. It will also help employers know what they are required to do, so as not to have any hassles while running their business.


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