Employment Laws in Virginia.

Prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, sexual orientation, gender identity, age (40+), marital status, disability, and veteran status. Applies to employers with 5+ employees (lowered from 15). Provides a private right of action with compensatory and punitive damages, and attorney's fees.

Virginia is a right-to-work state. Employees cannot be required to join a union or pay union dues as a condition of employment. Union security agreements (requiring membership or fees) are prohibited.

Virginia's minimum wage is $12.41/hr (2025). The rate is adjusted annually based on the Consumer Price Index. Tipped employees: $2.13/hr (federal tipped minimum). Virginia previously had no state minimum wage until 2021.

Virginia enacted its own overtime law that mirrors the federal FLSA requirement of 1.5x pay for hours over 40 per week. Importantly, it provides a private right of action with treble damages for violations, which federal law does not.

Virginia prohibits retaliation against employees who report violations of law to a supervisor or government body. Remedies include reinstatement, back pay, and compensatory damages. Separate protections exist for specific sectors (healthcare, fraud reporting).