Can my employer deduct from my wages?

Deductions are generally limited to those required by law (taxes, garnishments) or authorized in writing by the employee [§ 40.1-29]. Unauthorized deductions may violate state wage payment laws.

How do I file a wage claim?

You can file a complaint with the Virginia Office of Civil Rights (within the Office of the Attorney General) or the U.S. Department of Labor Wage and Hour Division. An attorney can help determine the best approach for your situation.

Topic guideUpdated 2026-02-27

Virginia Wage & Hour Claims — Minimum Wage, Overtime & Unpaid Wages

Minimum wage, overtime rules, wage payment requirements, and how to file a wage claim in Virginia.

Virginia has specific laws governing minimum wage, overtime, and the payment of wages §40.1-29.

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 Requirements

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 Rules

Final wages due on the next regular payday following termination §40.1-29.

Common Wage Violations

Failure to pay minimum wage

Unpaid overtime or misclassification of exempt/non-exempt status

Unauthorized deductions from wages

Failure to pay final wages on time

Misclassification of employees as independent contractors

Off-the-clock work requirements

How to File a Wage Claim

Gather documentation: pay stubs, time records, employment contract, and written communications about pay

File a complaint with the Virginia Office of Civil Rights (within the Office of the Attorney General) or the U.S. Department of Labor

Consider whether your claim falls under state law, the FLSA, or both

Consult with an employment attorney for complex claims or class actions

⚠The Statute of limitations for wage claims is typically 2 years under the FLSA (3 years for willful violations). State deadlines may differ.

✓Keep your own records of hours worked, especially if your employer does not provide accurate time records. Personal logs and calendars can be powerful evidence.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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Common Questions

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.

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Wrongful Termination in Virginia — Know Your Rights

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Virginia Employment Contracts & Non-Competes

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Legal authoritiesStatutes referenced on this page

Va. Code § 40.1-28.10

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).

$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)

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Verified 2026-07-29 · quarterly review

Va. Code § 40.1-29.2

Overtime Rules

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.

View →

Verified 2026-07-20 · quarterly review

Va. Code § 40.1-29

Wage Payment / Final Paycheck

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Verified 2026-07-29 · quarterly review

Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →