The Virginia Labor Law Guide

Virginia sets its own minimum wage above the federal rate.

Exceptions generally follow the federal Fair Labor Standards Act (FLSA). Full-time students, apprentices, and certain disabled workers may be paid a sub-minimum wage with proper certification.

The tipped minimum wage is the lowest hourly cash wage an employer may pay employees who customarily and regularly receive tips, as long as their tips plus cash wages equal at least the applicable minimum wage.

Employers may pay tipped employees a cash wage of $2.13 per hour, provided their tips plus the cash wage equal at least the full state minimum wage of $12.77 per hour (as of 2026). If the total does not reach this amount, the employer must make up the difference.

Virginia employers are subject to the Virginia Overtime Wage Act (VOWA).

• Rate: non-exempt employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek.
• Alignment: VOWA generally adopts the exemptions and calculation methods of the federal FLSA.

Virginia generally follows federal law for adult employees but has specific protections for minors.

• Adults: employers are not required to provide meal or rest breaks for employees aged 16 and older.
• Minors (under 16): must receive a 30-minute meal break (unpaid) after working 5 consecutive hours.
• Payment rule: if an employer chooses to provide short breaks (usually 20 minutes or less), federal law requires that this time be paid. Bona fide meal periods (usually 30 minutes or more, where the employee is completely relieved of duty) do not need to be paid.

Virginia law does not require private employers to provide paid or unpaid vacation or sick leave. Employers may offer these benefits at their discretion.

Minors under 14

Generally prohibited from working. Exceptions include work in a family business (non-hazardous), newspaper delivery, or entertainment (with a permit).

Minors ages 14-15

• School days: max 3 hours per day / 18 hours per week.
• Non-school days: max 8 hours per day / 40 hours per week.
• Hours: 7:00 AM to 7:00 PM (extended to 9:00 PM from June 1 through Labor Day).
• Break requirement: must have a 30-minute break after 5 consecutive hours of work.
• Employment certificate: required.

Minors ages 16-17

• Hours: there are no specific daily or weekly hour restrictions for minors 16 and 17, but they cannot work during school hours unless enrolled in a work-training program.
• Hazardous occupations: prohibited from working in jobs deemed hazardous by the Commissioner of Labor and Industry (for example, excavation, manufacturing explosives, or driving or serving as a helper on a vehicle).
• Employment certificate: not typically required for general employment, though age verification is recommended.