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Labor and Employment Law
Title
40.1 of the Code of Virginia
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Virginia
Payment of Wage Law, § 40.1-29 of the Code of Virginia.
Employers must establish regular pay rates and pay dates, and pay employees
all wages, salaries, and commissions on or before the established pay
day. Fringe benefits such as vacation, sick, holiday, and severance
pay are not required to be given under the law, and employers may establish
any or no policy regarding these fringe benefits. Payment must be made
in cash, by check, or direct deposit if the employee chooses,
and, in limited circumstances, by payroll debit cards. Employees
cannot be forced to participate in direct deposit of their wages. The
law prohibits employers from making deductions, other than for taxes
or other items required by law such as garnishments, without first securing
the employee's written authorization to do so. Even with written permission,
employees cannot be required to forfeit their wages for shortages, errors,
damages, etc. Employers can be assessed a $1,000 penalty per violation
or face criminal charges for intentionally and willfully violating this
law.
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Virginia
Minimum Wage Act, §§ 40.1-28.8 through 40.1-28.12 of the Code
of Virginia.
This law applies to employers who do not meet the coverage requirements
of the federal Fair Labor Standards Act, and who have four or more employees
excluding spouse, children, and parents of the employer. The minimum
hourly rate is identical to the federal rate. An increase in the federal
rate automatically increases the Virginia rate. Effective July 24,2008, the hourly minimum rate was raised to $6.55 per hour.
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- With few exceptions, these sections prohibit employment of minors
under the age of 14, and require work permits to be issued for all minors
under the age of 16.
- Hours of work restrictions are established for minors under 16; employers
are required to keep records to verify hours worked and breaks given
to minors under 16.
- The law also specifies types of employment that are prohibited or
limited for minors under the age of 18.
- No minor under the age of 18 may be employed in a hazardous occupation.
- No minor under the age of 16 may be employed on a construction site,
or in a hazardous occupation on a farm, garden, or orchard, or in other
hazardous occupations. These hazardous occupations are set forth by
regulations promulgated by the Commissioner of Labor and Industry.
- Virginia
Right-to-Work Law, §§ 40.1-58 through 40.1-69 of the Code
of Virginia.
The law prohibits closed shops where employers may hire only members
of the contracting unions, and union shops, where the employee who is
not a member of a union must join after a certain period of employment
and remain a member as a condition of employment. The right to work
cannot be denied on the basis of membership or non-membership in a labor
union, and employees cannot be required to pay union dues as a condition
of employment.
- Prevention
of Employment Law, § 40.1-27 of the Code of Virginia.
This law makes it a misdemeanor for a former employer to willfully
and maliciously attempt to prevent a former employee from becoming
employed by another employer.
- Equal
Pay Irrespective of Sex, § 40.1-28.6 of the Code of Virginia.
This law prohibits discrimination in pay based on gender.
- Unlawful
to Require Applicant or Employee to Pay for Medical Examination, § 40.1-28 of the Code of Virginia.
This law prohibits an employer from requiring an employee to pay for
exams required by the employer.
- Limitations
on Amount Subject to Garnishment, § 34-29 of the Code of Virginia.
This law establishes the maximum portion of disposable earnings that
are subject to garnishment.
- Prohibition
on Questions Regarding Sexual Activity on Polygraph Tests for Employment, § 40.1-51.4:3 of the Code of Virginia.
This law prohibits employers from inquiring into an applicant's sexual
activities during a polygraph examination.
- Limitation
Use of Polygraphs by Law Enforcement Agencies, § 40.1-51.4:4 of
the Code of Virginia.
For more information, please call your local Regional Office or call
the Labor and Employment
Law Division at (804) 786-2386.
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