It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important Virginia statutes in one place so you can either learn them for the first time or give yourself a refresher. 

However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality. 

It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns. 

Here are a few Virginia labor laws every small business owner should know.

Resources

First, here are a few helpful links and resources for you to bookmark and refer back to:

Leave

  • Sick Days: Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one. 
  • Medical Leave: Employers may be required to provide an employee unpaid medical leave in accordance with the Family and Medical Leave Act or other federal laws.
  • Vacation Leave: Employers are not required to provide vacation leave but must comply with their own established policies if they choose to implement one. 
    • Employers must pay employees for any accrued and unused vacation days upon separation of employment if its contract or policy provides for such payment. 
  • Jury Duty: Employers do not have to pay employees for time taken off to respond to a jury summons, but they may not penalize employees for doing so. 
    • Employers also may not require employees to use vacation or sick leave when responding to a jury summons. 
    • Employers may not require employees who spent 4 hours or more responding to a jury summons to start a work shift that begins on or after 5 p.m. on the day of the jury duty appearance or begins before 3 a.m. on the following day. 
  • Holiday Leave: Private employees are not required to provide either paid or unpaid holiday leave. 
  • Voting Leave: No statute. 
  • Bereavement Leave: Employers are not required to provide employee bereavement leave. 

Final Paycheck

Employees who are terminated or who have resigned must be paid their final paycheck on or before the date they would have normally been paid. 

Minimum Wage

The current minimum wage in Virginia is $7.25. 

Tipped Wages

There is no established tipped minimum wage law in Virginia, however employers must ensure that tipped employees are earning enough in tips to meet the standard minimum wage for all hours worked. 

Child Labor

  • Minors 14 and 15 years of age are subject to the following time restrictions:
    • When school is not in session
      • 8 hours a day
      • 40 hours a week
      • 6 days a week
      • Work is only permitted between the hours of 7 a.m. and 7 p.m.
    • When school is in session
      • 3 hours a day 
      • 18 hours a week
      • Work is only permitted between the hours of 7 a.m. and 9 p.m.

Meal and Rest Breaks, Overtime

  • There are no statutes regarding the payment of overtime, so federal rules apply. 
  • Employers are required to provide a meal break of at least 30 minutes to minors 14 and 15 years of age if they are scheduled to work for more than 5 hours consecutively. 
  • Employers are not required to provide breaks to employees 16 years of age or older. 
  • If they choose to do so, employers do not have to pay for breaks longer than 20 minutes as long as the employee is free to do as they wish. 

Employment Discrimination

  • The Virginia Human Rights Act makes it illegal for an employer to discriminate on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status or disability (physical or mental).
  • Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.       

Termination

Virginia is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action. 

Shift Scheduling

There are no laws regarding shift scheduling in Virginia.

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