Virginia's minimum wage is $12.77 an hour until January 1, 2027, when it rises to $13.75, then to $15.00 on January 1, 2028. Hourly staff must be paid at least every two weeks or twice a month, salaried staff at least monthly, and willful non-payment of wages is a crime.
Those are the rules most Virginia workers and small employers ask about first, as of October 2026. Virginia law is unusually tough on unpaid wages, so that's where this guide spends most time. It uses the Virginia Department of Labor and Industry's pages, section 40.1-29 of the Code of Virginia and the US Department of Labor's tables, read in October 2026.
Virginia's minimum wage timeline
| Period | Minimum wage (as of October 2026) |
|---|---|
| January 1, 2026 to January 1, 2027 | $12.77 an hour |
| From January 1, 2027 | $13.75 an hour |
| From January 1, 2028 | $15.00 an hour |
| Tipped cash wage | $2.13, with a tip credit of $10.64 |
Virginia doesn't issue sub-minimum wage certificates, and the list of exempt workers is in section 40.1-28.9 of the Code. From January 1, 2027, the Code also sets a minimum rate for farm labourers. For more on the wage itself, see my Virginia minimum wage guide.
How often Virginia employers must pay
- Every employer must set regular pay periods and rates of pay, except for executive staff.
- Salaried employees must be paid at least once a month.
- Hourly employees must be paid at least once every two weeks or twice a month.
- Employees earning more than 150% of the state's average weekly wage can be paid monthly if each one agrees, according to the US Department of Labor's payday table.
Wages can be paid in cash, by cheque, by direct deposit into an account the employee picks, or onto a prepaid card the employee can withdraw from. Compare the rules across states in my pay frequency laws guide.
Paystubs and deductions
On each payday, most employers must give every employee a written statement, by paystub or online, showing their pay details. And no employer can hold back any part of an employee's wages except for payroll and withholding taxes or as the law allows, unless the employee has given written, signed authorisation.
The wage theft rules: the part most people miss
Here's the insight. In Virginia, refusing to pay wages isn't just a civil dispute. Under section 40.1-29, an employer who willfully or with intent to defraud fails to pay wages, without a bona fide dispute, commits a crime. Below $10,000 of unpaid wages it's a Class 1 misdemeanour. At $10,000 or more, or on a second conviction, it's a Class 6 felony, as of October 2026.
| Consequence | What section 40.1-29 says |
|---|---|
| Unpaid wages under $10,000, willful | Class 1 misdemeanour |
| Unpaid wages of $10,000 or more, willful | Class 6 felony |
| Any failure to pay | All wages due, plus an equal amount as liquidated damages, plus interest at eight percent a year |
| Knowing failure to pay | Civil penalty of up to $1,000 per violation |
So an employer that holds back a week's pay can end up paying that week twice over, plus interest on top. The Department can investigate a complaint from an employee or a third party and won't name the person who complained without their consent.
Retaliation protections
- Firing or punishing someone for filing a wage claim or suing for wages is banned.
- So is retaliating against someone for asking about or sharing their own or a colleague's pay.
- So is retaliating against someone for reporting that they've been misclassified.
How to make a wage claim
The quickest way to claim unpaid wages is online through the DOLI Portal. Paper claim forms are allowed, but they must be physically signed and sent by US mail. The Department won't accept faxed or emailed forms. The same Payment of Wage Unit handles claims from workers who aren't being paid the Virginia minimum wage.
Garnishments
If a court or agency orders you to withhold wages for an employee's debt, section 34-29 of the Code limits how much you can take. It works from disposable earnings, which means what's left after the deductions the law requires. The Department warns that these orders must be followed in every detail, because failing to obey one can be contempt of court.
Hiring 14 and 15 year olds
- Make the job offer and check the work isn't on the prohibited lists for under-16s or under-18s.
- The young person, the employer and a parent or guardian each register on the Virginia Electronic Employment Certificate System.
- The Department reviews the application, generally within 24 hours.
- The approved certificate goes to the employer electronically and only becomes valid once it's signed.
- Keep time records, proof of age and the signed certificate ready for unannounced inspections.
Where federal and state child labor rules both apply, the stricter rule wins. Theatres and other venues putting under-16s on stage need a separate Theatrical Permit from the Department.
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My verdict
Virginia's wage rules are short, but they have teeth. Budget for the rises in 2027 and 2028, pay hourly staff at least every two weeks, and never hold back wages without a signed authorisation. If there's a pay dispute, settle it fast: once liquidated damages and interest at eight percent a year kick in, a small mistake can double. When someone leaves, read my final paycheck guide too.
Frequently asked questions
What is the minimum wage in Virginia?
It's $12.77 an hour until January 1, 2027, then $13.75, and $15.00 from January 1, 2028.
How often must Virginia employers pay hourly workers?
At least once every two weeks or twice a month. Salaried employees must be paid at least once a month.
Can a Virginia employer deduct from my wages?
Only for payroll and withholding taxes or as the law allows, unless you've given written, signed authorisation.
Is not paying wages a crime in Virginia?
Yes, when it's willful or with intent to defraud. Under $10,000 it's a Class 1 misdemeanour, and $10,000 or more is a Class 6 felony.
What happens if a Virginia employer doesn't pay wages?
The employer owes all wages due plus an equal amount as liquidated damages and interest, and a knowing failure can bring a civil penalty of up to $1,000 per violation.
Do 14 and 15 year olds need a work permit in Virginia?
Yes. They need an Employment Certificate, applied for through the Virginia Electronic Employment Certificate System before they start work.
