Minimum Wage $12.77 PER HOUR
As of January 1, 2026, Virginia's minimum wage is $12.77 per hour. The rate is higher than the federal minimum wage and is scheduled to increase to $13.75 on January 1, 2027, and $15.00 on January 1, 2028.
Tipped employees may be paid a cash wage as low as $2.13 per hour, but the worker's cash wage plus tips must still equal at least the Virginia minimum wage. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
Most non-exempt Virginia employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At Virginia's $12.77 minimum wage, that equals $19.16 per hour.
Overtime is calculated by workweek, not by day. Bonuses, commissions, day rates, piece rates, and other pay may need to be included when calculating the regular rate. A salary does not automatically remove overtime rights.
Certain Airline & Care Workers VIRGINIA-SPECIFIC RIGHT
Virginia gives certain workers overtime rights even where federal law may treat them differently. This includes some workers employed by derivative carriers and certain care workers covered by Virginia's overtime statute.
This can matter for airline-related workers, ground operations workers, baggage or ramp workers, and workers providing direct support services through a home care agency or other third-party provider. A federal exemption does not always end the overtime analysis under Virginia law.
Meal & Rest Breaks NO ADULT MANDATE
Virginia does not generally require meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
Virginia does require a 30-minute meal or rest period for workers under 16 after five consecutive hours of work. When an employer provides short rest breaks to adult employees, those breaks are usually paid under federal wage rules.
Final Paychecks & Pay Stubs ITEMIZED REQUIRED
Virginia employers must establish regular pay periods and pay employees on the required schedule. When wages are due, an employer generally cannot withhold wages or make deductions unless authorized by law or by the employee in writing.
Virginia also requires employers to provide an itemized written statement each regular payday. The statement must include information such as the employer's name and address, hours worked where required, rate of pay, gross wages, and deductions.
Filing a Claim 2-3 YEAR WINDOW
Virginia workers may file wage claims with the Virginia Department of Labor and Industry or bring a lawsuit directly, depending on the type of claim. Virginia law allows individual claims, joint claims with other workers, and certain collective actions.
Virginia wage-payment, minimum wage, misclassification, and related state-law claims can have a three-year window. Federal FLSA claims generally have a two-year limitations period, extended to three years for willful violations.
Virginia's Wage Theft Law UP TO TRIPLE DAMAGES
Virginia's wage-payment law gives workers strong remedies when wages are not paid. A worker may recover the unpaid wages, an equal amount as liquidated damages, prejudgment interest, attorney's fees, and costs.
When an employer knowingly fails to pay wages owed, Virginia law may allow triple damages. Virginia defines wages broadly, including hourly wages, minimum wages, piece rates, day rates, salaries, overtime, commissions, tips, bonuses, prevailing wages, and damages available because of misclassification.
Employee Misclassification COMMON VIOLATION
Some Virginia employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
Virginia treats damages owed because of misclassification as wages. That means misclassification can trigger the same wage-payment remedies that apply to other unpaid wage claims.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Virginia workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.