Virginia’s minimum wage law sets a floor of $12.77 per hour as of January 1, 2026, with scheduled increases to $13.75 in 2027 and $15.00 in 2028.1Governor of Virginia. Governor Spanberger Signs Bills Into Law to Raise State Minimum Wage, Boost Workforce Training, and Support Economic Growth The Virginia Minimum Wage Act reaches almost every employer in the Commonwealth, and a worker who is shorted can recover the unpaid wages plus 8% interest and attorney’s fees.
The Current Rate and What’s Coming
Every covered Virginia employer must pay at least $12.77 per hour, or the federal minimum wage, whichever is higher.2Virginia Code Commission. Virginia Code 40.1-28.10 – Minimum Wages The federal rate has held at $7.25 since 2009, so the state number controls.
In April 2026, Governor Spanberger signed HB 1 and SB 1, which codified the $12.77 rate and locked in two more increases:
- $13.75 per hour on January 1, 2027
- $15.00 per hour on January 1, 2028
After that, the rate adjusts each year for inflation. By October 1, the Commissioner of Labor and Industry calculates the change in the Consumer Price Index for all urban consumers over the prior year and applies it to the current wage; the new number takes effect the following January 1.2Virginia Code Commission. Virginia Code 40.1-28.10 – Minimum Wages The adjustment cannot be negative, so the wage will not fall even if prices do.
Who the Law Covers
The statute defines “employer” broadly: any individual, partnership, association, or corporation employing workers in Virginia.3Virginia Code Commission. Virginia Code 40.1-28.9 – Definitions, Determining Wage of Tipped Employee Unlike the federal Fair Labor Standards Act, which applies only to businesses meeting revenue or interstate commerce thresholds, Virginia’s law has no size or revenue minimum. A business with a single employee is on the hook for the same rate as a Fortune 500 company.
When both state and federal wage laws apply, the employer pays the higher rate. Workers who are exempt from the state act but still covered by the FLSA are entitled to at least $7.25.
Who Is Exempt
The statute lists 16 exempt categories. The ones workers most often ask about:3Virginia Code Commission. Virginia Code 40.1-28.9 – Definitions, Determining Wage of Tipped Employee
- Farm laborers and farm employees
- Any worker under 16
- Workers under 18 enrolled full-time in secondary school, college, or trade school and working 20 hours a week or fewer
- Full-time students in a work-study program at their school
- Anyone under 18 working for a parent or legal guardian
- Summer camp staff for children’s camps
- Genuine volunteers at nonprofit, religious, or charitable organizations
- Golf caddies
- Commission-based traveling salespeople, outside salespeople, and taxicab drivers
- Babysitters working under 10 hours per week
- Au pairs in the State Department’s Exchange Visitor Program
- Temporary foreign workers under federal regulations
- Incarcerated individuals and people in state hospitals or training centers
One category that is not exempt: domestic workers. Virginia dropped that exemption in 2020, so nannies, housekeepers, and home care providers are entitled to the full minimum wage.4Legislative Information System. Report on Domestic Service Workers
Tipped Workers
A tipped employee is someone who regularly receives more than $30 a month in tips. Employers can use a tip credit, paying a direct cash wage of at least $2.13 per hour and counting up to $10.64 in tips toward the $12.77 minimum.5U.S. Department of Labor. Minimum Wages for Tipped Employees
The credit only works if the tips actually get you to $12.77. A server who earns $2.13 in cash plus $8.00 in tips during a slow hour has $10.13, which is $2.64 short. The employer owes that difference.
Tip pooling is allowed, whether voluntary or mandatory, and tips can be shared with support staff like bussers. Owners, managers, and the employer itself cannot take a cut. When the employer uses a tip credit, only workers who customarily receive tips may participate in the pool. Employees have to be told about the arrangement in advance, and each tipped worker’s total compensation must still reach $12.77 an hour after pooling.
The 90-Day Training Wage
An employer running an established on-the-job training program can pay a training wage set at 75% of the state minimum, or the federal minimum, whichever is greater. At $12.77, that comes to roughly $9.58 per hour. The program is capped at 90 days and has to meet standards set by the Commissioner of Labor and Industry.6Virginia Department of Labor and Industry. Reinstatement of 16VAC15-60 Training Wage After day 90, the full rate applies.
What You Can Recover if You’re Underpaid
An employer who pays below the minimum owes the full amount of unpaid wages plus 8% annual interest, calculated from the date each paycheck was originally due.7Virginia Code Commission. Virginia Code 40.1-28.12 – Employee Remedies A court can also order the employer to pay your reasonable attorney’s fees. That fee-shifting matters. It makes hiring a lawyer viable even when the underpayment itself is modest.
Broader wage theft claims under Virginia Code 40.1-29 can carry additional consequences, including civil penalties assessed by the Commissioner.8Virginia Code Commission. Virginia Code 40.1-29 – Time and Medium of Payment, Withholding Wages
Protection Against Retaliation
Employers cannot fire, discipline, or otherwise punish a worker for filing a wage complaint, starting a wage-related proceeding, or testifying in one.9Virginia Code Commission. Virginia Code 40.1-33.2 – Discriminatory Actions Prohibited If retaliation happens, the Commissioner can seek reinstatement, recovery of lost wages, and liquidated damages equal to the lost wages, effectively doubling the employer’s exposure.
A separate provision bars employers from disciplining workers for discussing pay with coworkers, which is often how someone first realizes they’re being shorted.
Filing a Claim and the Three-Year Deadline
To pursue unpaid wages, you file a claim with the Virginia Department of Labor and Industry’s Payment of Wage Unit. Before you file, pull together your employer’s legal name and address, the dates and hours you worked, and any pay stubs or bank records showing what you were actually paid. The clearer the gap between what you earned and what hit your account, the faster the investigation moves.
You can submit the claim through DOLI’s online portal or by mailing a signed paper form.10Virginia Department of Labor and Industry. Payment of Wage Faxed and emailed forms are not accepted; the paper route requires physical mail with an original signature.11Virginia Department of Labor and Industry. Statement of Claim for Unpaid Wages After DOLI receives the claim, it investigates and contacts the employer, and you’ll hear back when there’s a determination or a request for more information.
You have three years from the date wages were due to sue for unpaid minimum wages.8Virginia Code Commission. Virginia Code 40.1-29 – Time and Medium of Payment, Withholding Wages Filing an administrative claim with DOLI pauses that clock until the agency resolves the matter or you withdraw. Even so, delay costs money: anything older than three years is gone regardless of how good the evidence is. If you think you’re being underpaid, start the claim now rather than later.