Virginia Hiring Laws for Small Businesses
Virginia has affordable formation costs, reciprocal income tax with 5 states, and recent non-compete restrictions. The rules you need before hiring your first Virginia employee.
$12.41/hr
as of 2025
Next scheduled payday
Income-based
Yes
Wage & Hour
Minimum wage: $12.41/hr
This is the Virginia statewide minimum as of 2025. The federal minimum ($7.25) applies where a state has no higher rate. Some cities within Virginia may set higher local minimums — check municipal ordinances.
Break requirements
Federal FLSA only — no state-specific break requirements.
Overtime
Federal FLSA requires 1.5x pay for hours over 40 in a workweek for non-exempt employees. Some states (notably California) also require daily overtime after 8 hours in a day.
Paid sick leave
Virginia has no state-mandated paid sick leave. You're not legally required to offer it, though many employers do for retention.
Termination & Final Pay
Final paycheck timing
- Involuntary termination: Next scheduled payday
- Voluntary quit: Next scheduled payday
Vacation payout on separation
Not automatically required by state law — depends on your written policy and offer letters. Written "use it or lose it" policies are generally allowed.
At-will employment
Virginia is an at-will state — either party can end employment at any time, for any legal reason (not for a discriminatory or retaliatory reason). Written employment contracts and public policy exceptions can limit this.
Non-Compete Agreements
Non-competes are banned for employees below a state-defined income threshold. Above that threshold they may be enforceable with reasonable scope.
Contractor vs Employee Classification
IRS common-law test — control, financial arrangement, and relationship type. More flexible than ABC.
Why this matters: Misclassifying an employee as a contractor exposes you to back wages, unemployment tax, workers comp, and penalties. State enforcement has tightened significantly since 2018.
First-Employee Onboarding Checklist
- Federal: Get EIN (irs.gov), register for federal payroll (Form 941 quarterly)
- State withholding: Register with Virginia Department of Revenue
- State unemployment insurance (SUI): Register with Virginia unemployment agency and pay quarterly
- Workers' compensation: Required at 3 employees. Purchase through private market.
- New hire reporting: Report to Virginia new hire directory within 20 days of hire (federal PRWORA requirement)
- I-9 verification: Complete within 3 business days of hire (federal requirement)
- W-4: Get federal W-4 and state equivalent (if income tax applies)
- Required posters: Federal + Virginia labor law posters (available free from state DOL)
Virginia-Specific Employment Rules
The rules and quirks that make hiring in Virginia different from other states.
- Virginia minimum wage is $12.41/hr for 2025 (rising to $15 by 2026).
- Virginia's non-compete restrictions (2020) ban non-competes for 'low-wage' employees (those earning less than the state average weekly wage, ~$1,410/week in 2024).
- Virginia has no state paid sick leave (except for home health workers and other narrow categories).
Reference only — not legal advice.
Employment law changes frequently and turns on facts. For specific hiring decisions, terminations, or contractor classifications, consult a Virginia-licensed employment attorney. City-level rules (Seattle, NYC, SF, etc.) may add requirements beyond state law.