Virginia Employment Law Guide — Workplace Rights & Protections
At-will employment, discrimination, wages, harassment, and retaliation protections under Virginia law.
An employment law claim — whether it involves discrimination, wage theft, wrongful termination, or retaliation — typically follows a complaint-and-investigation process before it ever reaches a courtroom. Most claims must first be filed with the EEOC or a state agency, which investigates and attempts to resolve the matter. If that does not work, the next step is litigation. The strength of your case depends heavily on documentation — what you can prove, and when you reported it.
Key Protections
Virginia's primary employment protections come from the Virginia Human Rights Act, as amended by the Virginia Values Act (2020) §2.2-3901, which prohibits workplace discrimination based on race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth, national origin, age, veteran status, disability — applies to employers with 5+ employees (expanded by virginia values act 2020); adds sexual orientation, gender identity, and veteran status beyond federal law.
At-Will Exceptions
Virginia follows the at-will employment doctrine; recognizes a narrow public policy exception (Bowman v. State Bank of Keysville) but does not recognize implied contract or covenant of good faith and fair dealing exceptions §40.1-28.
Wages and Compensation
| Virginia Law | |
|---|---|
| Minimum Wage | $12.77/hr (effective January 1, 2026; scheduled to rise to $13.75/hr on January 1, 2027, and $15.00/hr on January 1, 2028, then adjusted annually for CPI) §40.1-28.10 |
| Overtime | Virginia Overtime Wage Act requires 1.5x regular rate for hours over 40 in a workweek for covered employees; provides a private right of action for overtime violations §40.1-29.2 |
| Wage Payment | Virginia Wage Payment Act requires employers to establish regular pay periods and pay salaried employees at least once each month and hourly employees at least every two weeks or twice each month; must provide pay stubs with itemized wage information §40.1-29 |
| Final Paycheck | Final wages due on the next regular payday following termination §40.1-29 |
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Two years to file a complaint with the Virginia Office of Civil Rights, measured from the day the alleged discriminatory practice occurred; separate federal deadlines apply to charges filed with the EEOC
- $12.77/hr (effective January 1, 2026; scheduled to rise to $13.75/hr on January 1, 2027, and $15.00/hr on January 1, 2028, then adjusted annually for CPI)