Last updated on: February 22nd, 2022
Hours & Pay Regulations
Effective May 1, 2021, the minimum wage is $9.50. The State law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
Virginia does not require employers to provide paid or unpaid vacation to employees. Accordingly, the entitlement to such leave is controlled by contract.
- On or after 5 p.m. on the day of the jury duty; or
- Before 3 a.m. on the day following the jury duty.
In addition to USERRA, Virginia law provides rights and benefits to members of the Virginia National Guard, the Virginia Defense Force or the Naval Militia who serve state active duty or military duty. These military service members are entitled to unpaid leave if they are called to state or military active duty. Employers may not require the use of any type of accrued paid leave during a period of active service. However, an employee forfeits reemployment rights when the cumulative length of leave for military duty exceeds five years. An employer may not discriminate against any employee for his or her connection or membership with these organizations.
Employers must allow crime victims unpaid leave in order to attend criminal proceedings. An employee must provide notice to the employer with a copy of the form provided to the employee by law enforcement, and any notice of each scheduled criminal proceeding. A criminal proceeding is a proceeding at which the victim has the right or opportunity to appear, involving a crime against the victim, including:
- The initial appearance of the person suspected of committing the crime against the victim; or
- Any proceeding in which the court considers the post-arrest release of the person accused of a crime against the victim or the conditions of that release; or
- Any proceeding in which a negotiated plea for the person accused of the crime against the victim will be presented to the court; or
- Any sentencing proceeding; or
- Any proceeding in which post-conviction release from confinement is considered; or
- Any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person convicted of a crime against the victim; or
- Any proceeding where the court is requested to modify the terms of probation or intensive probation of a person, if the modification will substantially affect the person’s contact with, or the safety of, the victim, or if the modification involves restitution or incarceration status. Employers cannot dismiss, refuse to hire, discriminate or apply any adverse employment action against victims who leave work to attend criminal proceedings. Employers may only limit victim and witness leave if the leave creates an undue hardship for the employer.
Full-time state employees are allowed up to 30 days of paid leave for organ. (§ 2.2-2821.1).