Labor Rights in Virginia
Virginia's $12.77 minimum wage is indexed to inflation, but the state offers no paid sick leave or paid family leave mandates, and it is a right-to-work state. Tipped workers fall under the federal $2.13 cash wage. Virginia courts recognize a narrow public policy exception to at-will employment (the Bowman exception) but generally do not enforce implied contracts from handbooks.
Data last verified 2026-10-12
Workplace rights in Virginia at a glance
| Minimum wage (2026) | $12.77 (effective January 1, 2026; indexed annually to inflation) |
|---|---|
| Tipped minimum wage (2026) | $2.13 per hour cash wage (federal tip credit applies); tips plus cash wage must total at least $12.77 per hour, and the employer must make up any shortfall |
| Overtime | 1.5 times the regular rate after 40 hours in a workweek (federal FLSA baseline; no daily overtime requirement) |
| Paid sick leave | No statewide mandate |
| Paid family and medical leave | No state program |
| Meal breaks | No state requirement beyond federal for adults. Minors under 16 must receive a 30 minute break after 5 consecutive hours of work |
| Rest breaks | No state requirement beyond federal |
| Right-to-work law | Yes |
| At-will employment | public policy |
| Final paycheck | Due on the next regular payday (Va. Code 40.1-29) |
How Virginia compares to federal law
Virginia sets a minimum wage above the federal floor of $7.25 an hour, so the state rate is what most employers must pay. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek. There is no state paid sick leave or paid family leave mandate, so the federal Family and Medical Leave Act (unpaid leave for eligible workers) is the only baseline.
Neighboring states
- Maryland$15.00 minimum wage, paid sick leave yes, right-to-work no.
- West Virginia$8.75 minimum wage, paid sick leave no, right-to-work yes.
- Kentucky$7.25 minimum wage, paid sick leave no, right-to-work yes.
- Tennessee$7.25 minimum wage, paid sick leave no, right-to-work yes.
Compare all 50 states and DC side by side
Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.
Frequently asked questions
What is Virginia's minimum wage in 2026?
$12.77 per hour effective January 1, 2026, with annual inflation adjustments going forward.
Does Virginia require paid sick leave?
No. Virginia has no statewide paid sick leave mandate, so leave depends on your employer's policy.
Is Virginia a right-to-work state?
Yes. Virginia law prohibits requiring union membership or dues as a condition of employment.
Can I be fired for no reason in Virginia?
Virginia is strongly at-will. The main exception is the narrow public policy exception: you cannot be fired for refusing to commit a crime or for exercising a statutory right. Courts generally do not treat handbook promises as implied contracts.