Virginia is home to more federal contractors than any state in the US - and its employment law has evolved to match. From early workers' comp requirements to the landmark Virginia Values Act, WorkGenius becomes your legal employer across Northern Virginia, Richmond, and the entire Commonwealth.
Facts reviewed against primary sources in September 2026
| Requirement | Virginia | Detail |
|---|---|---|
| State minimum wage | $12.77/hr | Va. Code 40.1-28.10 sets $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then CPI-U indexation announced each autumn |
| Workers' comp threshold | 3+ employees | Much lower than the federal norm - coverage required from the third hire |
| Paid sick leave | Home care workers | Mandatory paid sick leave for home health aides and personal care workers only |
| Final paycheck | Next regular payday | Applies to both terminations and resignations |
| Non-competes | Banned for non-exempt | Void for workers at or below average weekly wage; burden on employer to prove validity above |
| E-Verify | State contractors | Va. Code 2.2-4308.2 applies to an employer with an average of more than 50 employees holding a state contract worth more than $50,000 - both the contract value and the averaging test are easy to miss |
The Virginia Values Act, effective July 2020, transformed Virginia from one of the least protective states for workers into one of the most comprehensive. It prohibits discrimination based on around twelve protected characteristics - including sexual orientation, gender identity, and military status - and applies to employers with as few as five employees, or a single domestic worker - expressly not the Title VII threshold.
Get Virginia-Compliant TodayVirginia's employment framework has expanded significantly since 2020. WorkGenius manages the full compliance picture - from early workers' comp triggers to federal contractor requirements.
Coverage in place before your third Virginia employee starts. WorkGenius manages policy administration, claims support, and premium payments.
State income tax withholding, Virginia Overtime Wage Act compliance, and accurate payroll processing for salaried and hourly workers.
Hiring workflows, performance documentation, and HR processes aligned with the Virginia Values Act's expanded anti-discrimination protections.
Employment agreements include non-competes only where compensation exceeds the annual average weekly wage threshold - with clear business justification and enforceable scope.
E-Verify enrollment and ongoing employment eligibility verification managed for clients holding Virginia state contracts with 50+ employees.
Final paycheck issued by the next regular payday. Compliant separation documentation and Virginia-specific COBRA notices handled.
Virginia is the largest federal contractor market in the US - and its employment law reflects it. From the lowest workers' comp trigger in the country (3 employees) to expanded Virginia Values Act protections, WorkGenius ensures every hire is compliant from day one.
Virginia's legal landscape has evolved rapidly - particularly in worker protections and pay fairness.
Final wages are due on or before the next regular payday under Va. Code 40.1-29(A), and since the 2020 amendments the consequences of getting it wrong are unusually severe: an employee has a private right of action, a knowing violation carries treble damages plus attorney fees, and there are criminal penalties for larger wilful underpayments. The deadline is ordinary; the exposure behind it is not. WorkGenius documents every Virginia pay decision accordingly.
Virginia has a statutory misclassification regime with real teeth. An individual performing services for pay is presumed to be an employee unless the employer shows otherwise, and misclassification carries civil penalties that escalate with repeat findings, debarment from public contracts, and a private right of action for the worker. WorkGenius assesses every Virginia engagement against the presumption before work begins.
Virginia's Overtime Wage Act was enacted in 2021 and substantially rewritten by 2022 Acts ch. 461 and 462. Va. Code 40.1-29.2 now attaches liability to an employer that violates the overtime pay requirements of the federal FLSA, and adopts the FLSA definitions of employer and employee - so federal exemptions carry across rather than being narrowed by separate state definitions. The practical effect is a state-court claim for a federal standard.
Va. Code 40.1-28.7:12, enacted by 2026 Acts ch. 996 and ch. 1063, requires employers to disclose the wage, salary, or wage or salary range in every public and internal posting for a job, promotion, transfer or other employment opportunity. It also bans seeking or relying on an applicant's wage or salary history. There is no employer size threshold. WorkGenius publishes a compliant range on every Virginia posting.
Virginia's HB 330 (2020) banned non-competes for low-wage employees, and 2025 Acts ch. 585 (SB 1218) expanded the definition on July 1, 2025 to cover every worker who is non-exempt under the FLSA, regardless of earnings. The burden falls on employers to prove any restriction is enforceable. WorkGenius validates exempt status and compensation before any agreement is signed.
Virginia requires workers' compensation coverage with three or more employees - far lower than many states. Employers who skip coverage until they reach a larger headcount face significant exposure and fines.
From first conversation to fully compliant employment - typically within days.
Workers, roles, locations, and start dates. We tailor the setup to your needs.
Our AI runs every worker through Virginia's classification and compliance rules. We prepare compliant contracts and payroll setup.
Onboarded with Virginia-compliant contracts, benefits enrolled, payroll running from day one.
Payroll runs on Virginia rules. Taxes filed. Compliance monitored. One weekly invoice.
Yes. Virginia requires workers' compensation coverage as soon as you have three or more employees - compared to the 5-employee threshold in many other states. Employers without coverage are personally liable for all workplace injury costs and face civil penalties. WorkGenius ensures coverage is in place before your third Virginia employee's first day.
Only for exempt higher earners. HB 330 (2020) banned non-competes for low-wage employees, and 2025 Acts ch. 585 (SB 1218) went considerably further on July 1, 2025: the ban now reaches every employee who is non-exempt under the FLSA, whatever they are paid. So exempt status, not just salary, decides it. Above the threshold and for exempt staff a non-compete can be enforceable, but the employer bears the burden of proving the restriction is reasonable in scope and duration. WorkGenius validates exempt status and compensation and drafts agreements that meet Virginia's standards.
The Virginia Values Act (2020) is Virginia's equivalent to federal Title VII - but broader. It prohibits discrimination and harassment based on around twelve protected characteristics, including sexual orientation, gender identity, pregnancy, and veteran/military status. It applies to employers with five or more employees, or a single domestic worker, and allows employees to sue directly in state court - so a company with 6 to 14 Virginia employees is covered even though Title VII would not reach it. WorkGenius maintains compliant hiring workflows, offer letters, and HR processes for all Virginia clients.
It depends. Federal contractors are generally required to use E-Verify under the federal contractor E-Verify rule. Virginia additionally requires state contractors with 50 or more employees to use E-Verify for new hires. WorkGenius manages E-Verify enrollment and employment eligibility verification for all applicable clients.
Virginia's Overtime Wage Act (2021) creates a parallel state enforcement mechanism for overtime violations. While the substantive rules largely mirror the FLSA, employees can pursue Virginia claims independently - and some FLSA exemptions are interpreted more narrowly under state law. Virginia employers cannot assume federal compliance is sufficient. WorkGenius ensures overtime is calculated and paid correctly under both federal and Virginia standards.
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