Virginia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)

Health and Safety Standards in VA

Virginia’s health and safety standards are enforced by the Virginia Department of Labor and Industry (DOLI), which oversees the VOSH program. This program is designed to ensure that workplaces are free from recognized hazards that could cause death or serious harm. Employers are required to comply with both state-specific regulations and federal OSHA standards, providing additional protections for workers across various industries.

In Virginia, employers must…

• Provide a safe and healthy working environment for all employees, ensuring compliance with the Virginia Occupational Safety and Health (VOSH) standards.

• Continually inspect workplaces for hazards and rectify any identified issues to prevent injuries and illnesses.

• Develop and implement a written Safety, Health, and Injury & Illness Prevention Plan (IIPP) to address workplace safety proactively.

In Virginia, employees should…

• Adhere to all safety protocols and regulations set forth by their employer and VOSH.

• Report unsafe working conditions or health hazards to their employer or the appropriate authorities.

• Participate in safety training and follow established procedures to ensure personal safety and the safety of coworkers.

Report health and safety violations (unsafe working conditions) in Virginia to…

Employees:

• Virginia Department of Labor and Industry – VOSH
• OSHA – Report a Hazard

Employers:

• Virginia Department of Labor and Industry – Employer Resources

• OSHA – State Plans

Anti-Discrimination Laws in VA

Virginia, in alignment with federal labor laws, prohibits employers from discriminating against job applicants and employees based on several protected characteristics. These include sex, color, religion, gender, national origin, age, disability, veteran status, sexual orientation, and genetic information. Employees are also protected from retaliation for reporting discrimination or harassment, ensuring that individuals can pursue complaints without fear of adverse actions, such as termination or discipline.

Virginia’s legal framework includes multiple laws that support equal employment opportunities and combat discrimination, such as the Virginia Human Rights Act, the Virginia Equal Pay Act, the Virginia Family and Medical Leave Act, the Virginia Pregnant Workers Fairness Act, and the Virginia Age Discrimination in Employment Act. Collectively, these laws foster a more equitable workplace and safeguard the rights of employees and job applicants across the state.

Employers in Virginia may not discriminate against job applicants based on…

• Sex
• Color
• Religion
• Gender
• National origin
• Age
• Disability
• Veteran status
• Sexual orientation
• Genetic information

Employee Resignation or Termination in VA

Virginia operates under the at-will employment doctrine, which allows employers to terminate an employee’s job contract at any time, for any reason or no reason at all. This policy applies to both temporary and permanent employees. However, terminations cannot be based on discriminatory reasons or in retaliation for lawful actions taken by the employee. When an employee is terminated, Virginia law mandates that employers provide severance pay, which includes all owed wages and benefits. The final paycheck is due on the next scheduled payday or the day before.

Employees in Virginia also have the right to resign from their jobs for any reason or without providing a reason, without facing legal consequences. Additionally, Virginia has right-to-work laws that prevent employers and labor unions from requiring non-union members to pay union representation costs, further safeguarding employee rights during the resignation or termination process.

Unemployment Benefits in VA

Workers in Virginia are eligible for unemployment benefits if they:

1. Have worked in the state for at least two quarters during the base period.
2. Have earned at least $3,000 in wages in two quarters of their base period while in covered employment.
3. Are currently unemployed through no fault of their own.
4. Are able and available for work.

Virginia’s weekly benefit amount (WBA) is based on the wages earned in the two highest-earning quarters during the base period, ranging from a minimum of $60 to a maximum of $378 per week. Eligible individuals can receive up to 26 weeks of financial assistance in a year.

Use this website to start your application for unemployment benefits in Virginia: 

The Virginia Employment Commission (VEC)

The Virginia Department of Labor and Industry (DOLI)

The Society for Human Resource Management (SHRM)

COBRA Benefits in VA

Separated employees in Virginia may extend employer-provided health care coverage through COBRA, which stipulates…

1. Employees can retain their health insurance for up to 12 months after the termination of their employment.
2. Coverage continuation is available for employees who worked for employers with 20 or more employees.
3. Employees are responsible for paying the full premium for the extended coverage, which may include an additional administrative fee.

For general information on your plan’s COBRA continuation coverage, contact:

Office of Health Benefits COBRA Administrator

101 North 14th Street, 13th Floor

Richmond, VA 23219

ohb@dhrm.virginia.gov

888-642-4414

Final Paychecks in VA

Separated employees in Virginia must receive their final paychecks:

1. On the regularly scheduled payday or the day before the scheduled payday if termination occurs before that date.
2. Employers are legally required to provide severance pay, including all wages owed and benefits.
3. There are no state-specific laws requiring advance notice for final paychecks, but employers must comply with federal regulations.

Minimum Wage Increase

• New Rate: The minimum wage will rise from $12.00 to $12.41 per hour starting January 1, 2025. This adjustment is based on the Consumer Price Index, reflecting a 3.4% increase in the cost of living.
• Future Increases: Although there were proposals for further increases to $13.50 in 2025 and $15.00 by 2026, these were not reenacted by the General Assembly in time. The current plan allows for annual adjustments based on inflation.