Labor & Employment Law

Virginia Labor Laws

Title 40.1 of the Code of Virginia

Virginia Payment of Wage Law  – Virginia Code § 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 July 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 paystubs if the employee is paid on the basis of the number of hours worked or a salary that is less than the standard salary level adopted by regulation of the U.S. Department of Labor pursuant to § 13(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 213(a)(1), as amended, establishing an exemption from the Act’s overtime premium pay requirements.  The paystubs shall also include the rate of pay; the gross wages earned by the employee during the pay period; and the amount and purpose of any deductions therefrom. The paystub or online accounting shall include sufficient information to enable the employee to determine how the gross and net pay were calculated.

The standard salary level under the FLSA for exemption from overtime is currently $684 a week. Salaried employees paid less than that must have their weekly hours reported on their paystubs.

Sharing of Wage Information
§ 40.1-28.7:9 Limiting employees’ sharing of wage information prohibited; civil penalty.

Law Governing Covenants Not to Compete
§ 40.1-28.7:8 Pertains to the prohibition of non-compete covenants for low-wage employees.

Virginia Minimum Wage Act Update
§ 40.1-28.8. The minimum wage is scheduled to increase on May 1, 2021 when the Virginia Minimum Wage Act becomes effective.

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.