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What is the minimum wage in Virginia?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Virginia minimum wage is governed by the Virginia Minimum Wage Act, Va. Code §§ 40.1-28.8 through 40.1-28.12.

1. Phased Increases

  • 2021: $7.25 → $9.50 (May 1, 2021)
  • 2022: $11.00
  • 2023: $12.00
  • 2024: $12.00 (no increase)
  • Jan. 1, 2025: $12.41
  • Jan. 1, 2026: $13.50 (or higher if CPI-W adjustment exceeds it)
  • Jan. 1, 2027: $15.00 (originally scheduled — requires reenactment per 2020 sunset clause; reenacted by 2024 General Assembly).
  • After 2027: annually indexed to CPI-U.

    • 2. Tipped Wage

    Virginia follows federal tipped-employee rules: $2.13/hour cash wage + tips that bring employee to the state minimum (currently $12.41). Va. Code § 40.1-28.9 references federal § 203(m).

    3. Local Authority

    Virginia is a Dillon Rule state — localities have only powers expressly delegated. The General Assembly has not authorized localities to set higher minimum wages, so no Virginia city has an enforceable local minimum (some have living wage ordinances applying to city contractors).

    4. Overtime — Virginia Overtime Wage Act

    The Virginia Overtime Wage Act (Va. Code § 40.1-29.2, effective July 1, 2021) layered state OT requirements on top of federal FLSA:

  • 1.5x after 40 hours/week (mirrors federal).
  • Virginia OT statute of limitations: 3 years (vs. federal 2 years/3 willful).
  • Damages: unpaid OT + liquidated damages + 8% pre-judgment interest + attorney's fees.
  • Employer cannot use FLSA fluctuating workweek method (overruled by 2022 amendment, though some interpretations still debated).

    • 5. Exemptions

    Virginia generally follows federal FLSA exemptions, with some additional state exemptions:

  • Newspaper carriers and shoe-shiners.
  • Certain summer camp employees.
  • Persons confined in correctional institutions.
  • Babysitters working ≤10 hours/week.
  • Farm laborers and farm workers (limited).

    • 6. Domestic Workers

    The 2021 General Assembly extended minimum wage protection to domestic workers (Va. Code § 40.1-28.7:5).

    7. Enforcement

    Virginia Department of Labor and Industry (DOLI). Private right of action available for wage claims + double damages (treble for knowing violations) + attorney's fees (Va. Code § 40.1-29).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your employer denies overtime under the new Virginia Overtime Wage Act
    • You're a domestic worker not paid the state minimum
    • Your employer is willfully violating wages — treble damages may apply
    Related Statutes & Laws
    • Va. Code § 40.1-28.10
    • Va. Code § 40.1-28.9
    • Va. Code § 40.1-29
    • Va. Code § 40.1-29.2
    • Va. Code § 40.1-28.7:5

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.