Labor & Employment Law

Virginia Labor Laws

Title 40.1 of the Code of Virginia

Virginia Payment of Wage Law 
§ 40.1-29. Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties.

UPDATE: Hours Worked on Paystubs

Effective on January 1, 2020, §40.1-29.C. will require all employers, other than an employer engaged in agricultural employment including agribusiness and forestry, to provide the number of hours worked during the pay period on the employee’s paystub.  The law applies to all employees, even those who are not paid on an hourly basis, such as salaried and piece work employees for example. For salaried, piece work employees, and others who are not traditionally paid on an hourly basis whose hours worked are not reported on the paystub, the Department will not take any steps to enforce the requirement for those employers who do not report the hours worked for such employees until July 1, 2020. This enforcement policy applies only to the hours of work requirement and not to any of the other provisions of §40.1-29.C.

Virginia Minimum Wage Act
§ 40.1-28.8. This article shall be known as the Virginia Minimum Wage Act.

Virginia Child Labor Laws, § 40.1-78 through 40.1-116 of the Code of Virginia
§ 40.1-78. Employment of children under fourteen and sixteen.

Prevention of Employment Law, § 40.1-27 of the Code of Virginia 
§ 40.1-27. Preventing employment by others of former employee.

Equal Pay Irrespective of Sex, § 40.1-28.6 of the Code of Virginia 
§ 40.1-28.6. Equal pay irrespective of sex.

Unlawful to Require Applicant or Employee to Pay for Medical Examination § 40.1-28 of the Code of Virginia
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment.

Limitations on Amount Subject to Garnishment, § 34-29 of the Code of Virginia
§ 34-29. Maximum portion of disposable earnings subject to garnishment.

Prohibition on Questions Regarding Sexual Activity on Polygraph Tests for Employment, § 40.1-51.4:3 of the Code of Virginia
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment.

Limitation Use of Polygraphs by Law Enforcement Agencies, § 40.1-51.4:4 of the Code of Virginia
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.

For more information – please call (804) 371-3104 ext. 131 or email the Labor and Employment Law Division.

The federal Fair Labor Standards Act (“F.L.S.A.”) governs the federal minimum wage law, time-and-a-half overtime law and other labor laws. If the employer falls under the jurisdiction of the F.L.S.A. (most employers do), you may wish to also consult the Web site for the United States Department of Labor, Employment Standards Administration, Wage and Hour Division. If you have a question about whether your employer falls under the jurisdiction of the F.L.S.A., contact the Wage and Hour Division.