What employers in Virginia must do

Checked November 8, 2026From the agencies that run each program

Short answer

Employers in Virginia must pay at least $12.77 an hour, rising to $13.75 on January 1, 2027.

Virginia has passed a paid leave law, Virginia Paid Family and Medical Leave. Premiums start April 1, 2028.

Virginia employers covered by RetirePath Virginia that don’t offer a qualified retirement plan must register by their deadline.

The next dated change in Virginia is January 1, 2027: Virginia minimum wage rises to $13.75.

Does your payroll handle Virginia’s programs? See the free state route and the 5 payroll systems with help docs that cover them.

Virginia requirements at a glance

Requirement	Status	What it means for you
Minimum wage	In effect	$12.77 an hour; $13.75 from January 1, 2027
Paid leave: Virginia Paid Family and Medical Leave	Upcoming	Employers covered by Virginia’s unemployment insurance law (Va. Code § 60.2-210), which generally means paying $1,500 or more in wages in any calendar quarter, or having at least one employee for some part of a day in 20 different weeks, in the current or prior year. State government is excluded (state employees get a matching benefit through state personnel policy), and so are railroad employers covered by the federal railroad unemployment law. Self-employed people can opt in, for an initial period of at least three years.
Retirement mandate: RetirePath Virginia	In effect	For-profit and nonprofit Virginia employers that had 5 or more eligible employees (age 18 or older and receiving wages, full- or part-time) for the period ending December 31 of the prior year, have operated for at least two years, and don’t offer a qualified plan. Temporary or seasonal employees who work 90 days or less a year don’t have to be enrolled. Government employers and state-recognized tribal organizations are exempt.

Paydays: Hourly employees: at least every two weeks or twice a month. Salaried employees: at least monthly. High earners (over 150% of the state’s average weekly wage) may agree to monthly pay.
Final paycheck, fired: By the next regular payday.
Final paycheck, quit: By the next regular payday.
Meal breaks: No state requirement for adults.
Rest breaks: No state requirement for adults.
Overtime: State law adopts the federal Fair Labor Standards Act (FLSA) rule: time and a half after 40 hours in a workweek. Since July 1, 2026, the state Department of Labor and Industry can also enforce it.
New hire reporting: Within 20 days of hire (independent contractors too), to the Virginia New Hire Reporting Center

From the Virginia Department of Labor and Industry and the U.S. Department of Labor’s state tables, checked November 8, 2026.