News and Announcements
Notice of the Expiration of 16VAC15-60-10 (“Training Wage”)
The extension of Emergency Regulation 16VAC15-60. Regulation Governing On-The-Job Training Programs or Other Training Programs expired effective April 30, 2023. With the expiration of this emergency regulation, trainee employees not otherwise exempted from the Virginia minimum wage rate under § 40.1-28.9 Code of Virginia must be paid at a rate not less than the minimum wage rate(s) established under § 40.1-28.10 Code of Virginia
Any questions about the expiration of this emergency regulation or about minimum wages in Virginia should be directed to the Department’s Division of Labor and Employment Law at 804-786-2706 or at firstname.lastname@example.org.
Governor Youngkin Recognizes Virginia Workers’ Memorial Day
Commissioner Gary G. Pan announced today that Governor Glenn Youngkin has issued a proclamation recognizing April 28, 2023, as Worker Memorial Day in Virginia.
Notice of the Average Weekly Wage for 2023
Pursuant to Va. Code § 40.1-28.7:8, the term “Low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Employment Commission to include all employees and independent contractors who earn an average of less than $1,343 per week.
Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.
Additionally, the section contains a posting requirement for employers which advises, “Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.”
Posting a copy of the Code will meet the requirements for notice to employees required under the law.
2023 VOSH Training Conference
The VOSH Safety and Health Conference, March 29-31, 2023, provides low-cost training for employers and employees in Virginia. Attendees have the opportunity to hear presentations from experts in the field, network with other professionals, and meet with vendors. Pre-Conference OSHA 10 Hour courses will be offered for General Industry, Construction, and Spanish Construction. These Classes Begin On Tuesday, March 28, and conclude Wednesday morning March 29.
Virginia Department of Labor and Industry and HITT Contracting Partner for Registered Apprenticeship Program
FALLS CHURCH, VA, January 4, 2023 — At the culmination of Virginia Governor Glenn Youngkin’s inaugural apprenticeship month, HITT Contracting, Inc. (“HITT”), alongside Virginia’s Secretary of Labor Bryan Slater and DOLI Commissioner Gary G. Pan, signed a Registered Apprenticeship Program agreement, making HITT a key partner in providing job experience and technical education for a new generation of construction management professionals in the state of Virginia.
Virginia Minimum Wage Increases to $12.00 per Hour
Effective January 1, 2023, the Virginia minimum wage will increase to $12.00 per hour. All employees covered by the Virginia Minimum Wage Act must be paid at a rate not less than $12.00 per hour. For a list of employees exempted from the Virginia Minimum Wage Act, please refer to § 40.1-28.9 of the Code of Virginia. Please consult the Department’s Virginia Minimum Wage Law FAQs for further information about the law.
Note that while employers are not required to post notice of the Virginia minimum wage, a notice is available for employers who wish to post this information: Virginia Minimum Wage Act Notice.
Governor Youngkin Declares November as Virginia Apprenticeship Month
Virginia is responding to the many industries and employers who seek to replicate the values of their best employees through the mentorship and instruction of the Registered Apprenticeship model.
Here’s What Apprenticeships Look Like in 2022 and Why They Are Important Now
It’s National Apprenticeship Week. Unlike internships, apprenticeships are usually a full-time, paid, structured, occupation-specific job. There are about 15,000 apprentices in Virginia, and Southwest and Southside will soon have a regional apprenticeship consortium.