Virginia Minimum Wage & Labor Laws (2026)
In 2026, the Virginia minimum wage is $12.77/hour. Overtime is 1.5× the regular rate over 40 hours a week. Below are the wage, overtime, final-paycheck and break rules, a calculator pre-set to Virginia, and how to file a wage claim if you're owed money.
- Overtime
- 1.5x the regular rate for hours over 40 in a workweek. Virginia follows the federal FLSA weekly rule.
- Tipped pay
- $2.13/hr cash. Employers may take a tip credit; cash wage plus tips must reach $12.77/hr.
- Final paycheck
- Fired: Next regular payday. Quit: Next regular payday.
- Meal & rest breaks
- Meal: No state requirement for adults (follows federal). Rest: No state requirement (none mandated).
Virginia pay & overtime calculator
Pre-set to Virginia. Enter your rate and hours.
Your hours
Your pay this week
OT $30.00/hrVirginia follows the FLSA weekly rule: 1.5× the regular rate for hours over 40 in a workweek.
Virginia figures are current for 2026 and compiled from the U.S. Department of Labor and Virginia's labor department. Cities and counties may set higher local minimums, and industry rules vary, so confirm with your state labor department before relying on this for payroll or a legal decision.
Next change: minimum wage $13.75 on January 1, 2027
Set by state law; $15.00 follows in 2028. Official source. Get a reminder before it starts.
How to file a wage claim in Virginia
To recover unpaid wages in Virginia, file with Virginia Dept. of Labor and Industry (DOLI). Federal law lets you claim up to 2 years of back pay (3 if the violation was willful), plus an equal amount in liquidated damages.
- Agency
- Virginia Dept. of Labor and Industry (DOLI)
- Federal window
- 2 years of back pay, or 3 if the violation was willful, plus equal liquidated damages.
- Virginia adds
- Virginia allows double (and, for knowing violations, treble) damages plus fees.
Step by step
- 1Gather your records
Collect pay stubs, time records, schedules and any texts about hours. In Virginia, your own honest records can carry a claim if the employer's are missing.
- 2Work out what you're owed
The back-pay estimator adds up the unpaid wages and how far back you can recover them.
- 3Send a written demand
Many disputes settle after a dated letter that states the amount owed and the deadline you're giving the employer to pay.
- 4File with Virginia Dept. of Labor and Industry (DOLI)
If the employer doesn't pay, file a wage claim with the agency below. Filing is free and you don't need a lawyer.
- 5Mind the deadline
Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter deadline for its own process, so don't wait.
Virginia wage claim questions
Who do I file an unpaid-wage claim with in Virginia?
Virginia Dept. of Labor and Industry (DOLI). You can also file a federal complaint with the U.S. Department of Labor's Wage and Hour Division. You can also sue in court, often with an employment attorney.
How far back can I recover unpaid wages in Virginia?
Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages. Virginia allows double (and, for knowing violations, treble) damages plus fees.
Can my employer retaliate for filing a wage claim in Virginia?
No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.