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Virginia Labor Laws 2025

Virginia has labor protections including a $12 minimum wage, meal break requirements for minors under 16, semi-monthly pay requirements, and Right to Work protections enshrined in the state constitution.

Note: Virginia's minimum wage is $12/hour. The state requires meal breaks for employees under 16 (30 minutes for shifts over 5 hours) but has no break requirements for adults.

Minimum Wage

Virginia has a state minimum wage that exceeds federal law.

Key Requirements

  • State minimum wage: $12.00 per hour (as of January 1, 2023)
  • Tipped employees: $2.13/hour cash wage (with tip credit to reach minimum)
  • No automatic annual adjustments currently scheduled
  • Applies to most employers
  • Some exemptions for certain agricultural workers and small businesses

Additional Resources

Overtime

Virginia follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws beyond federal requirements
  • Workweek is seven consecutive 24-hour periods

Additional Resources

Meal and Rest Breaks

Virginia requires meal breaks for employees under 16 but not for adults.

Key Requirements

  • Minors under 16: 30-minute break for shifts over 5 consecutive hours
  • Adult employees: No state-mandated meal or rest break requirements
  • If breaks are voluntarily provided, federal rules apply
  • Short breaks (5-20 minutes) must be paid if provided
  • Nursing mothers have right to express milk (federal requirement)

Additional Resources

Payment of Wages

Virginia has specific requirements for wage payment frequency and timing.

Key Requirements

  • Employees must be paid at least semi-monthly (twice per month)
  • Payment must be made on regular paydays designated by employer
  • Final wages: Must be paid by next regular payday
  • Certain wage deductions require written authorization
  • Direct deposit allowed with employee written authorization

Additional Resources

Child Labor

Virginia has comprehensive restrictions on youth employment.

Key Requirements

  • Work permits required for minors under 16
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: No hour restrictions but hazardous occupation restrictions apply
  • Federal child labor laws also apply

Additional Resources

Right to Work

Virginia is a "Right to Work" state with constitutional protection.

Key Requirements

  • Employees cannot be required to join a union as a condition of employment
  • Employers cannot require union dues or fees as a condition of employment
  • Protected by Virginia Constitution Article I, Section 9
  • Does not prohibit unions or collective bargaining
  • Constitutional protection makes it difficult to overturn

Additional Resources

Virginia Minimum Wage History

Virginia's minimum wage has increased in recent years:

  • 2021: Increased to $9.50/hour
  • 2022: Increased to $11.00/hour
  • 2023: Increased to $12.00/hour (current rate)
  • No automatic adjustments currently scheduled

Virginia Constitutional Right to Work

Virginia has strong Right to Work protections in its state constitution:

  • Protected by Virginia Constitution Article I, Section 9
  • Workers cannot be compelled to join a union or pay union dues
  • Constitutional protection makes it more difficult to overturn than statutory law

Break Requirements

Virginia has limited break requirements:

Minors under 16: Must receive a 30-minute meal break for shifts over 5 consecutive hours.

Adults (16+): No state-mandated break requirements. Employers may voluntarily provide breaks, and if they do, short breaks (5-20 minutes) must be paid.

Federal Laws Apply

Beyond state requirements, Virginia employers must comply with federal labor laws:

FLSA

Fair Labor Standards Act governs overtime, recordkeeping, and youth employment.

FMLA

Family and Medical Leave Act provides job-protected leave for eligible employees.

ADA

Americans with Disabilities Act prohibits discrimination and requires reasonable accommodations.

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

Navigate Virginia's Labor Requirements

Rightwork ensures compliance with Virginia's $12 minimum wage, enforces meal break requirements for minors, and manages semi-monthly payroll schedules.

Learn More About Rightwork