Virginia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)

Virginia labor law breaks requirements for adult workers are straightforward: no meal or rest breaks are required for employees over 16. If a meal break is interrupted by work duties, the employer must pay the employee for that time. 

Construction employers running crews on 10-hour shifts have no state law obligation to schedule mid-shift breaks. But any break under 20 minutes that does occur must be compensated.

Virginia labor law breaks for minors remain unchanged. Workers aged 14–15 must receive a 30-minute unpaid meal break after five or more consecutive hours of work.

Virginia leave and paid time off (PTO)

Family and medical leave

Virginia has no separate state family and medical leave law. The federal Family and Medical Leave Act (FMLA) applies to Virginia employers with 50 or more employees. Qualified workers can take up to 12 weeks of unpaid, job-protected leave per year. Covered reasons include serious illness, childbirth, or care for a new child.

FMLA eligibility requires 12 months of employment and at least 1,250 hours worked in the past year. The worksite must have 50 or more employees within a 75-mile radius.

Most Virginia specialty contractors and subs with fewer than 50 workers are not covered by FMLA. The incoming Virginia PFML program (effective 2029) will extend leave rights to workers at smaller employers.

Virginia Paid Family and Medical Leave — coming 2028-2029 (SB2 / HB1207)

Nothing in this program affects your payroll today. Virginia is building a state-administered PFML program under SB2/HB1207, signed April 2026, but the earliest obligation is April 1, 2028. The effective dates are:

• April 1, 2028: Payroll contributions begin. Contributions are split between employer and employee. Employers with 10 or fewer workers pay a reduced rate.
• January 1, 2029: Benefits begin paying out.

Benefits: up to 12 weeks per benefit year at 80% of the employee’s average weekly wage. The benefit is capped at 100% of the statewide average weekly wage. Leave is job-protected. Covered reasons include serious illness, caregiving, a new child, military exigency, and domestic violence safety services.

Construction employers with 10+ workers will need to build the PFML contribution into their 2028 payroll budget. Employers with 10 or fewer workers pay a reduced contribution rate.

Software that tracks actual hours per employee — by job and by worker — produces the most accurate contribution calculations when deductions begin.

Paid sick leave — phased mandate beginning July 1, 2027 (HB5)

HB5, signed May 20, 2026, is the Virginia paid sick leave law. It expands paid sick leave obligations to virtually all Virginia employers on a phased schedule by employer size:

• July 1, 2027: Employers with 50 or more employees
• January 1, 2028: Employers with 25 or more employees
• January 1, 2029: All employers with at least one employee

The accrual rate and cap are the same at every phase. Employees earn 1 hour of paid sick leave for every 30 hours worked. Annual cap: 40 hours. Employers may front-load 40 hours at the start of the year instead of tracking accrual.

Permitted uses: personal illness or injury, caregiving for a family member, or services related to domestic violence, sexual assault, or stalking.

Penalty: up to $500 per violation, enforceable by the Commissioner of Labor or by civil action within 2 years.

Construction employers with 50 or more workers face the first deadline: July 1, 2027. Employers with 25–49 workers must comply by January 1, 2028. Smaller contractors have until January 1, 2029.

Any contractor tracking time manually will need an accrual tracking system in place before their applicable date. Workyard automatically calculates sick leave accruals based on GPS-verified hours worked per employee.

Emergency response leave (SB100 — effective July 1, 2026)

Virginia law now prohibits retaliation against volunteer firefighters and EMS responders who miss a shift during a declared state of emergency. SB100, effective July 1, 2026, bars employers from penalizing, terminating, or requiring PTO use for that absence.

The worker must give reasonable advance notice when possible. This protection does not apply to employees contractually designated as “essential.”

For construction crews in rural Virginia counties, volunteer fire departments are common. Scheduling gaps during declared emergencies are legally protected absences — not no-call no-shows.

Vacation days

Virginia does not require employers to provide vacation leave. Construction contractors who offer PTO must follow their own written policy, including any accrual or payout rules stated in that policy.

Jury duty leave

Virginia employers must allow time off for jury duty and may not penalize employees for serving. Contractors cannot dock pay, reassign workers punitively, or count jury duty as an unexcused absence.

Voting leave

Virginia has no state law requiring paid voting leave. Employers are encouraged to allow adequate time to vote but are not legally required to do so.

Bereavement leave

No state law requires bereavement leave. Contractors who offer it must follow their own written policy.

Military leave

Virginia employers must provide unpaid leave for employees called to active duty or National Guard service, per the federal USERRA. Employees return to the same or equivalent position with pay, seniority, and benefits intact.

Further Readings

Learn more about the labor laws of other states. Start with the following:

1. Arkansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
2. Delaware Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
3. Hawaii Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
4. Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026
5. Kentucky Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
6. Michigan Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
7. Montana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
8. Nevada Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
9. New York Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
10. Ohio Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026

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Virginia prevailing wages

Virginia prevailing wage requirements apply to public works construction contracts. Wage determinations rely on rates established by the U.S. Secretary of Labor under the Davis-Bacon Act (40 U.S.C. § 276a). HB238, signed April 2026 and effective July 1, 2026, significantly expands compliance obligations for Virginia contractors on public projects. Virginia prevailing wage requirements now include mandatory on-site posting and 6-year record retention. Both changes directly affect field supervisors and office staff.

HB238 — what changed for Virginia prevailing wage contractors

• On-site wage posting required: Prevailing wage rates must be posted at the physical job site on all public works projects. Filing with the agency is no longer sufficient.
• 6-year record retention: Payroll and classification records for public works projects must be retained for six years. Sworn pay-scale certifications are mandatory.
• GC joint-and-several liability: General contractors can be held jointly liable for subcontractor wage violations. The governor’s amendments delay this specific provision by six years.
• Expanded remedies: Workers may bring civil actions for minimum wage, misclassification, or prevailing wage violations. Treble damages and a 3-year statute of limitations apply. The Commissioner may initiate enforcement without a written employee complaint.

Construction employers running public works in Virginia: Post the prevailing wage schedule on-site before your crews arrive. Keep certified payroll records for six years. Email prevailingwage@doli.virginia.gov or visit doli.virginia.gov/programs/labor-law/prevailing-wage-law/ with classification questions.

Further Readings

Here are more state-specific labor laws to explore:

1. Colorado Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
2. Georgia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026
3. Kansas Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
4. Louisiana Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
5. Maine Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
6. Maryland Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
7. Mississippi Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
8. Pennsylvania Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
9. South Dakota Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
10. Tennessee Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)

Other essential Virginia labor laws

Hiring and/or firing employees in Virginia

At-will employment

Virginia at-will employment means employers may terminate workers at any time for any lawful reason, without notice. Employees may resign without notice. Virginia employment law provides no general requirement for severance or advance warning of termination.

Right-to-work

Virginia is a right to work state. Employees cannot be required to join a union or pay union dues as a condition of employment. This applies even when a workplace is covered by a collective bargaining agreement.

Background checks + drug testing

Employers may conduct pre-employment background checks with applicant consent. Criminal history inquiries must be relevant to the role. Private employers may require drug testing at any stage of employment, including random testing. Public employers must have a legitimate documented reason.

Equal Employment Opportunity (EEO)

Virginia prohibits employment discrimination based on sex, color, religion, gender, and national origin. Age, disability, veteran status, sexual orientation, pregnancy status, and genetic information are also protected.

Wage history inquiry ban (HB1164 — effective July 1, 2026):

Virginia employers may not ask job applicants about their prior wages or salary history. This applies to all employers regardless of size.

Anti-Discrimination Laws in Virginia (VHRA)

As of July 1, 2026, Virginia’s anti-discrimination law covers employers with 5 or more employees — down from the prior threshold of 15 or 20. Nearly every Virginia specialty contractor and subcontractor is now covered. SB637 made this change. It applies to the full Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.), the primary Virginia anti-discrimination law for private employers.

Protected classes under the VHRA include:

• Race, color, national origin, and religion
• Sex (including pregnancy, childbirth, and related conditions)
• Age (18 and older)
• Disability
• Sexual orientation and gender identity
• Veteran status
• Genetic information

Under the VHRA, employees have a private right of action. They can sue directly in court without first filing with a state agency. Employees are protected from retaliation for reporting discrimination or participating in an investigation. Available remedies include compensatory and punitive damages.

For small contractors newly covered under the 5-employee threshold, review your Virginia workers rights obligations before July 1, 2026. The VHRA applies on that date regardless of whether your policies are ready.

Non-compete agreements in Virginia (SB170 — effective July 1, 2026)

Most construction employers don’t rely on non-competes for field workers. But if you have project managers, estimators, or sales staff under existing agreements, those pre-July 2026 non-competes remain valid. For any new agreements signed on or after July 1, 2026, a non-compete is unenforceable if the employer terminates the worker without cause and has not committed to a defined severance package. If the worker resigns, or is terminated for cause, the non-compete may still be enforceable.

SB170 builds on existing restrictions. Prior Virginia law already banned non-competes for workers earning below $1,507.01 per week. SB170 extends the without-cause/no-severance rule to all workers regardless of wage level. Any Virginia non-compete agreement signed on or after July 1, 2026 must disclose the severance terms at the time of signing to preserve enforceability.

Non-compete agreements already signed before July 1, 2026 are not affected. Healthcare workers face additional restrictions under SB128.

Employee resignation or termination

Virginia’s at-will doctrine allows employers and employees to end the employment relationship at any time, for any lawful reason. Exceptions:

• Employers may not terminate workers based on a protected characteristic under the VHRA.
• Employers may not terminate workers in retaliation for filing a wage complaint, OSHA report, or workers’ compensation claim.
• Constructive dismissal — making working conditions so intolerable that resignation is forced — may be treated as a termination under certain circumstances.

Unemployment benefits in Virginia

Virginia workers may apply for unemployment benefits through the Virginia Employment Commission (vec.virginia.gov). Eligibility requires:

• At least two quarters of covered employment during the base period.
• Minimum earnings of $3,000 in two quarters during the base period.
• Separation from employment through no fault of the worker.
• Ability and availability to work.

Virginia’s weekly benefit amount (WBA) ranges from $60 to $430 per week as of January 2026, following a $52 increase under SB1056. The amount is determined by wages in the two highest-earning quarters of the base period. Eligible workers may receive up to 26 weeks of benefits per year.

COBRA benefits in Virginia

Virginia employees separated from employers with 20 or more workers may extend employer-provided health coverage under federal COBRA. Standard continuation lasts up to 18 months. Some qualifying events allow extensions to 36 months. The separated employee pays the full premium plus an administrative fee of up to 2%.

Contact: Office of Health Benefits COBRA Administrator, 101 North 14th Street, 13th Floor, Richmond, VA 23219 | ohb@dhrm.virginia.gov | 888-642-4414.

Final paychecks in Virginia

Virginia final paycheck law requires employers to pay all wages owed by the next regular scheduled payday after separation. There is no distinction between voluntary resignation and termination. The same deadline applies in both cases.

The final paycheck must include all wages earned through the last day worked. This includes any accrued vacation pay that the employer’s written policy requires to be paid out upon separation.

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VA recordkeeping requirements

Penalties for labor law noncompliance in Virginia

Virginia’s 2026 legislation significantly expanded enforcement powers. HB238 allows the Commissioner of Labor to initiate enforcement actions without a written employee complaint. Treble damages are now available for minimum wage and misclassification violations. Virginia workers rights to bring civil wage claims now carry a 3-year statute of limitations — one year longer than the federal FLSA standard.

Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance as a primary operational risk. That includes overtime rules, union pay codes, and state wage laws. Workyard is workforce management software especially built for construction businesses. The cost of that exposure is not theoretical.

Labor law violations in Virginia are investigated by the Virginia Department of Labor and Industry (doli.virginia.gov). The Commissioner now has authority to initiate actions proactively.

How Workyard helps Virginia contractors stay compliant

Virginia’s 2026 legislative session created more new compliance obligations than any year in recent history. Minimum wage increases, prevailing wage posting, and paid sick leave accruals starting July 2027 all require better recordkeeping than paper timesheets can deliver. Expanded DOLI enforcement powers raise the stakes further. Keeping up with Virginia employment law changes is now a continuous operational task, not an annual rate lookup.

Workyard is built specifically for construction — not adapted from a generic HR tool — so it handles the specific workflows Virginia contractors now need to get right.

Workyard tracks GPS-verified hours per employee per job and calculates overtime automatically against the 40-hour threshold. Sick leave accrual at 1 hour per 30 hours worked — the HB5 formula — is built in ahead of the phased deadlines starting July 2027.

For Virginia contractors running public works projects, Workyard exports certified payroll reports formatted for DOLI submission. Workyard also creates an auditable timestamped record of crew location and hours for every shift — exactly the documentation HB238 requires you to retain for 6 years. Labor compliance underpins construction management excellence. Fine-tune your trade performance (e.g., electrical teams) using job tracking software for construction HR payroll officer workflows, with QuickBooks and ADP Workforce Now support.