Virginia Employment Law 2026: Six Critical Updates
What we do for work is important and impacts our health, well-being, and financial security. The workplace is ultimately shaped by employment laws, which define what is prohibited and permitted in the employment relationship.
This month, the list of requirements for Virginia employers grew much longer and more complicated, with a record number of Employment laws signed into law. These updates are expansive and inform requirements even before the employment relationship begins (e.g., salary range requirements and job postings). I recommend that employers immediately start review and preparation, including consulting with HR and legal teams on implementation:
1. Required Paid Employee Leave.
Virginia employers will need to provide up to 12 weeks of Paid Family and Medical Leave, with a staggered rollout. Paid Sick Leave requirements (1 hour accrued for every 30 hours worked) may also be forthcoming. Check out my Webinar on May 4th for more details on compliance.
2. Salary History and Wage Transparency Requirements.
All employers posting or soliciting employees in Virginia must now detail a good-faith salary/wage range for the position and will be prohibited from inquiring about salary history as part of the recruitment process. Effective July 1st.
3. Additional Discrimination Protections.
Effective July 1st, employers with as few as five employees are now fully bound by the Virginia Human Rights Act, which prohibits discrimination on the basis of several protected classes. Employees also now have up to two years (as opposed to 180 or 300 days) to file an initial administrative complaint. Additional protections surrounding menopause as a protected class may be forthcoming.
4. Bonuses and Commissions Are Solidified as Wages.
Bonuses and commissions are now legally defined as wages under the Virginia Wage Payment Act, effective July 1st. Employers now risk substantial exposure if they withhold either form of remuneration, given this update.
5. Noncompete Ban Expansion.
I previously wrote about Virginia’s expanded non-compete ban as it relates to severance, which passed and will be effective July 1st.
6. Minimum Wage Increase.
Virginia’s minimum wage will increase to $13.75 on January 1st, 2027, with an increase to $15/hour on January 1st, 2028.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham seeks to understand clients’ concerns and provide thorough and strategic options aimed at achieving their goals. She has been recognized for her work in the Real Estate, Labor and Employment, and Commercial Litigation practice areas, providing counseling and litigation support for a wide variety of concerns.