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Virginia Employment Law

Virginia Human Rights Act was dramatically expanded in 2020 by the Virginia Values Act. Covers all employers (1+), added sexual orientation/gender identity, private right of action with uncapped damages.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$12.77

Virginia State Laws (8)

VHRA

Va. Code Ann. §§ 2.2-3900 to 2.2-3903

300 days
1+ employees

The Virginia Human Rights Act was dramatically expanded in 2020 by the Virginia Values Act, transforming Virginia from one of the weakest to one of the strongest states for employment discrimination protections. The Act now covers all employers with one or more employees and prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, age, marital status, sexual orientation, gender identity, disability, and veteran status. The Virginia Values Act added a private right of action, eliminated damage caps for smaller employers, and included sexual orientation and gender identity protections.

Protected Classes

racecolorreligionnational originsexpregnancychildbirthrelated medical conditionsagemarital statussexual orientationgender identitydisabilitymilitary statusgenetic information

Key Provisions

  • ✓Virginia Values Act (2020) transformed Virginia from one of the weakest to one of the strongest states for employment protections, covering all employers with 1+ employees
  • ✓Added sexual orientation, gender identity, and veteran status as protected classes while creating a private right of action for the first time
  • ✓Employees may file with the state agency within 300 days or file directly in state court within 2 years without administrative exhaustion

Remedies

Back payFront payCompensatory damagesPunitive damagesAttorney fees and costsInjunctive reliefReinstatement
File with: Virginia Office of Civil Rights (within DHRM) or direct filing in state court300 days (administrative) or 2 years (direct court filing)

VA Minimum Wage

Va. Code §§ 40.1-28.8 to 40.1-28.12

1095 days
1+ employees

Establishes a state minimum wage that exceeds the federal FLSA floor (set on a phased schedule reaching $15.00 per hour) and applies to many employers and employee categories that the FLSA exempts.

Protected Classes

minimum_wage

Key Provisions

  • ✓Establishes a state minimum wage that exceeds the federal FLSA floor (set on a phased schedule reaching $15.00 per hour) and applies to many employers and employee categories that the FLSA exempts.

Remedies

unpaid wagesdouble damagestreble damages for knowing violationsattorney fees
File with: Virginia Department of Labor and Industry; private right of action3 years

VA Misclassification of Workers

Va. Code §§ 40.1-28.7:7, 58.1-1900 et seq.

730 days
1+ employees

Creates a presumption of employee status, prohibits misclassification of workers as independent contractors, and provides a private right of action for misclassified workers to sue for unpaid wages, benefits, and other damages.

Protected Classes

misclassification

Key Provisions

  • ✓Creates a presumption of employee status, prohibits misclassification of workers as independent contractors, and provides a private right of action for misclassified workers to sue for unpaid wages, benefits, and other damages.

Remedies

unpaid wages and benefitscompensatory damagesattorney fees$1000–$5000 per misclassified worker civil penaltiesdebarment from state contracts
File with: Virginia Department of Taxation; private right of action2 years

VA Non-Compete Agreement Restriction

Va. Code § 40.1-28.7:8

730 days
1+ employees

Prohibits employers from entering into, enforcing, or threatening to enforce non-compete covenants against low-wage employees (defined relative to average state weekly wage) and provides a private right of action.

Key Provisions

  • ✓Prohibits employers from entering into, enforcing, or threatening to enforce non-compete covenants against low-wage employees (defined relative to average state weekly wage) and provides a private right of action.

Remedies

liquidated damageslost compensationattorney fees$10000 per violation civil penaltyvoiding of unlawful non-compete
File with: Virginia Department of Labor and Industry; private right of action2 years

VA Pregnant Workers Fairness

Va. Code § 2.2-3909

300 days
5+ employees

Requires employers with 5+ employees to provide reasonable accommodations for pregnancy, childbirth, lactation, and related medical conditions absent undue hardship, and prohibits forcing leave when accommodation is feasible.

Protected Classes

pregnancychildbirthrelated_medical_conditionssex

Key Provisions

  • ✓Requires employers with 5+ employees to provide reasonable accommodations for pregnancy, childbirth, lactation, and related medical conditions absent undue hardship, and prohibits forcing leave when accommodation is feasible.

Remedies

compensatory damagespunitive damages up to $350000back payreinstatementattorney fees
File with: Virginia Office of the Attorney General — Office of Civil Rights300 days to file with Virginia Office of Civil Rights

VA Overtime Wage

Va. Code § 40.1-29.2

1095 days
1+ employees

Provides Virginia-specific overtime protections at 1.5x regular rate for hours over 40, with a 3-year statute of limitations and double/triple liquidated damages — generally more generous than the federal FLSA.

Protected Classes

overtimeminimum_wage

Key Provisions

  • ✓Provides Virginia-specific overtime protections at 1.5x regular rate for hours over 40, with a 3-year statute of limitations and double/triple liquidated damages — generally more generous than the federal FLSA.

Remedies

unpaid overtime wagesdouble damages (mandatory)triple damages for knowing violationsattorney fees8% prejudgment interest
File with: Virginia Department of Labor and Industry; private right of action3 years

VA Wage Payment

Va. Code § 40.1-29

1095 days
1+ employees

Requires employers to pay wages owed on regular paydays and provides treble damages and attorney fees for knowing failure to pay wages, plus criminal penalties for larger violations.

Protected Classes

minimum_wage

Key Provisions

  • ✓Requires employers to pay wages owed on regular paydays and provides treble damages and attorney fees for knowing failure to pay wages, plus criminal penalties for larger violations.

Remedies

unpaid wagestreble damages for knowing violations8% prejudgment interestattorney feescriminal misdemeanor or felony for willful violations over $10000
File with: Virginia Department of Labor and Industry3 years

VA Whistleblower Protection

Va. Code § 40.1-27.3

365 days
1+ employees

Prohibits private employers from retaliating against employees who report violations of law, refuse to engage in unlawful conduct, or participate in investigations or court proceedings.

Protected Classes

fraud_reporting

Key Provisions

  • ✓Prohibits private employers from retaliating against employees who report violations of law, refuse to engage in unlawful conduct, or participate in investigations or court proceedings.

Remedies

reinstatementback pay with interestattorney fees and costsinjunctive relief
File with: Virginia courts (private right of action)1 year from retaliatory action

Federal Laws That Apply in Virginia

These federal statutes protect workers nationwide, including in Virginia. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in Virginia

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Virginia laws are subject to legislative changes. Consult a qualified employment attorney in Virginia for advice about your specific situation. Last reviewed: March 2026.