Virginia Worker Rights
Virginia has added many worker protections since 2020: a higher minimum wage that rises with inflation, a state overtime law, prevailing wage on public works and misclassification penalties.
- Virginia
Pay
- Minimum wage: above the federal rate and adjusted every January.
- Overtime: 1.5x over 40 hours a week under the Virginia Overtime Wage Act, which follows federal rules.
- Final pay: by the next regular payday.
- Prevailing wage: required on many state and local public works since 2021.
- Misclassification: workers are presumed to be employees, and employers face penalties for misclassifying them.
Breaks and leave
- No state law requiring meal or rest breaks for adults.
- Paid sick leave is required only for certain home health workers.
Unions and right-to-work
Virginia is a right-to-work state: a union contract can’t require you to join a union or pay dues or fees to keep your job. You still have the right to organize and act together with coworkers under federal law. See Right-to-Work States.
Where to file
- Unpaid wages and overtime: Virginia Department of Labor and Industry, Labor and Employment Law Division.
- Discrimination and harassment: Virginia Office of Civil Rights, or the U.S. EEOC.
- Safety: VOSH, the state plan, covers most private and public employers.
- Work injuries: report the injury to your employer right away, in writing, and follow up with Virginia’s workers’ compensation agency. See Workers’ Compensation.
Check current rules: this is a summary. Wage rates and labor laws change often, usually on January 1 or July 1, and cities and counties can add their own rules. Confirm details with the Virginia Department of Labor and Industry before acting. Federal protections apply too. See Where to Get Help.
Standards & references
Last updated: