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Understanding Virginia Employment and Labor Laws

Legal & compliance

PEO

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Author

Michał Kowalewski

Published

September 04, 2024

Last Update

September 04, 2024

Table of Contents

Federal vs. state law differences

Employment vs. labor law: what’s the difference?

Wages and hours in Virginia

Leaves of absence in Virginia

Workplace safety in Virginia

Discrimination and harassment laws in Virginia

Unions in Virginia

Stay compliant across the US with Deel PEO

Key takeaways
  1. Virginia’s minimum wage is set to gradually increase, with plans to reach $15 per hour by 2026.
  2. Virginia offers robust employee protections, including strong anti-discrimination laws and guidelines for fair employment practices.
  3. Employers and employees must understand Virginia's specific requirements for overtime pay, workplace safety, and employee rights to ensure compliance.

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination. Since these laws can vary by state, it's crucial for both employers and employees to know their local requirements. In this article, we’ll cover the key laws in Virginia.

Federal vs. state law differences

While federal laws provide a baseline across the United States, Virginia has implemented additional regulations to provide greater protections to workers. For example, Virginia has enacted its own minimum wage laws and workplace safety standards, which may differ from federal requirements. Employers and employees should be aware of these distinctions to ensure compliance with both state and federal laws.

Employment vs. labor law: what’s the difference?

Employment laws typically cover the rights and responsibilities of individual employees, including wage standards, discrimination protections, and leave policies. Labor laws, on the other hand, focus on the relationship between employers and collective entities like unions, covering collective bargaining, workers' rights to organize, and union management.

Wages and hours in Virginia

Virginia’s wage and hour laws incorporate both state-specific requirements and federal guidelines, ensuring fair compensation for workers.

Minimum wage in Virginia

As of 2024, Virginia’s minimum wage is $12.00 per hour. The state has a schedule to increase the minimum wage incrementally, aiming to reach $15.00 per hour by 2026. These increases are part of Virginia’s effort to ensure fair wages for all workers.

Overtime pay in Virginia

Under Virginia state law, non-exempt employees must be paid overtime at a rate of one and a half times their regular pay for hours worked over 40 in a workweek. This requirement ensures that employees are fairly compensated for working additional hours.

Pay transparency in Virginia

Virginia encourages fair pay practices by prohibiting employers from discriminating based on wage discussions. Employees are allowed to discuss their wages without fear of retaliation, promoting pay transparency and equity in the workplace.

Breaks and rest periods in Virginia

Virginia does not have specific state laws mandating meal or rest breaks for adult employees; however, federal law requires that breaks of less than 20 minutes must be paid. It is common practice for employers to provide breaks to ensure employee health and productivity.

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Leaves of absence in Virginia

While Virginia follows federal guidelines under the Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for family or medical reasons, the state is considering additional protections to support workers during critical life events.

Pregnancy disability leave

Under the Virginia Human Rights Act, employers must provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions. This includes modifying work schedules, providing additional breaks, or offering temporary reassignment to ensure the health and safety of the employee.

Paid sick leave

Virginia does not have a statewide paid sick leave requirement; however, some localities and employers may offer paid sick leave as part of their benefits package. Employers should be aware of local regulations and their own policies regarding sick leave.

Jury duty in Virginia

Employers in Virginia must allow employees to take time off for jury duty. The law protects employees from being terminated or penalized for fulfilling their civic duty, though employers are not required to pay employees for this time.

Workplace safety in Virginia

Virginia operates its own Occupational Safety and Health (VOSH) program, which enforces both federal OSHA standards and additional state-specific regulations to maintain safe workplaces. Employers are required to comply with these standards to protect employees from workplace hazards.

Discrimination and harassment laws in Virginia

Virginia has robust anti-discrimination laws under the Virginia Human Rights Act, which protects employees from discrimination based on race, color, religion, sex, pregnancy, childbirth, national origin, age, marital status, sexual orientation, gender identity, and more. Employers must implement policies to prevent and address discrimination and harassment.

Unions in Virginia

Virginia is a "right-to-work" state, meaning employees cannot be compelled to join a union or pay union dues as a condition of employment. However, employees still have the right to organize and engage in collective bargaining if they choose.

FAQs

As of 2024, the minimum wage in Virginia is $12.00 per hour, with plans to increase incrementally to $15.00 per hour by 2026.

Virginia follows the federal Family and Medical Leave Act (FMLA) guidelines, which allow eligible employees to take unpaid leave for certain family and medical reasons.

Virginia law prohibits discrimination based on a wide range of characteristics, including race, gender, disability, and more. Employers must have policies to address and prevent workplace discrimination and harassment.

Employees can file complaints regarding labor law violations with the Virginia Department of Labor and Industry or the Equal Employment Opportunity Commission (EEOC), depending on the issue.

Virginia does not mandate meal or rest breaks by state law, but employers are encouraged to provide breaks for health and safety, following federal guidelines for compensated breaks.

Stay compliant across the US with Deel PEO

Keeping up to date with the latest state-specific labor and employment laws is a crucial but resource-intensive task for HR and payroll teams. With Deel PEO, you can offload HR and compliance risks and focus on growing your business. Deel’s services include:

  • Expert payroll administration
  • Advanced HR and benefits compliance
  • Access to benefit plans from leading providers
  • Trainings, HR policies, and on-demand HR support

Book a demo to explore Deel’s platform and speak with an expert.

Disclaimer: This article is provided for general informational purposes and should not be treated as legal or tax advice. Consult a professional before proceeding.

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About the author

Michał Kowalewski a writer and content manager with 7+ years of experience in digital marketing. He spent most of his professional career working in startups and tech industry. He's a big proponent of remote work considering it not just a professional preference but a lifestyle that enhances productivity and fosters a flexible work environment. He enjoys tackling topics of venture capital, equity, and startup finance.

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