Virginia Minimum Wage: Current Rate & Scheduled Increases

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, establishes the federal minimum wage at $7.25 per hour. The FLSA covers most private employers engaged in interstate commerce, with limited exemptions for certain seasonal workers, agricultural workers, and specific occupations. The law prohibits employers from paying covered employees less than the minimum wage for any hours worked, whether in person or remotely. The federal tipped minimum wage is $2.13 per hour, provided the employee's tips combine with the base wage to reach the full minimum wage; if tips do not reach that threshold, the employer must make up the difference.

Federal remedies include back pay for unpaid wages, liquidated damages equal to the amount of back pay, and civil penalties enforced by the U.S. Department of Labor Wage and Hour Division (WHD). The FLSA statute of limitations is two years for unpaid minimum wages (three years for willful violations). Employees can file complaints with the WHD at no cost, and the agency investigates and seeks voluntary compliance before pursuing litigation. Private lawsuits are also permitted under the FLSA.

The federal minimum wage has remained at $7.25 per hour since 2009 and does not adjust automatically. States and localities are free to set higher minimum wages, which then become the applicable floor in those jurisdictions. Employers must pay whichever minimum wage is higher—federal or state.

Virginia Code § 40.1-3.1 sets Virginia's minimum wage at $12.00 per hour effective January 1, 2024. This represents a significant increase above the federal minimum wage of $7.25 per hour under 29 U.S.C. § 206. Virginia law requires the minimum wage to be adjusted annually on January 1 to reflect increases in the consumer price index; the adjustment applies to all employers covered by the Virginia Minimum Wage Act.

Virginia's law applies to all employers in the state with one or more employees, with narrow exemptions for certain apprentices, student workers at their own school, and individuals with disabilities employed at subminimum wage under special federal certificates. Unlike some states, Virginia does not impose a separate minimum wage based on company size or industry. The state minimum wage supersedes the federal minimum wage in Virginia—employers must pay $12.00 per hour, not the federal floor of $7.25.

The tipped minimum wage in Virginia mirrors the federal rule: employers may pay tipped employees $2.13 per hour if the employee's tips combine with the base wage to reach at least $12.00 per hour. If tips fall short, the employer must make up the difference to meet the full minimum wage. Virginia law also prohibits tip pooling arrangements that violate the tipped minimum wage guarantee.

Remedies under Virginia Code § 40.1-29 include recovery of unpaid wages plus an equal amount as liquidated damages, attorney's fees, and court costs. Employees may file wage claims with the Virginia Department of Labor and Industry (DOLI) without cost. Violations may also result in civil penalties imposed by DOLI. Virginia permits both administrative claims and private lawsuits; the statute of limitations for wage claims is two years from the date of the violation, or three years if the employer willfully violated the law.

Virginia Code § 40.1-3.2 provides narrow exemptions from the minimum wage requirement. Apprentices registered in bona fide apprenticeship programs under the U.S. Department of Labor may be paid at a lower rate for the apprenticeship period. Student-learners employed by their own school in vocational or on-the-job training may be exempt if the program meets Department of Labor standards. Individuals with disabilities who hold a certificate issued by the Virginia Department of Labor and Industry or the federal government permitting subminimum wage employment are exempt.

Employers are not required to provide minimum wage for time not actually worked, such as on-call time, sleep time, or waiting time (unless the employee is required to remain on premises or the waiting time is substantial). However, any time an employee is engaged to wait or waiting to be engaged counts as compensable hours. Virginia recognizes the common-law employment relationship; independent contractors and sole proprietors are not covered by the minimum wage law.

The tipped minimum wage exception applies only when the employee customarily and regularly receives tips in the occupation and the employer properly informs the employee of the $2.13 base wage and the tip credit. If tips do not bring the employee to $12.00 per hour, the employer must make up the shortfall—this is not an exception but a requirement. Violations of the tip credit rules, such as allowing non-tipped employees to share tips or misclassifying non-tipped work, render the tip credit unavailable. Employers cannot use the tip credit if they violate any requirement of the FLSA or Virginia wage law.

Step 1: Document the Violation. Keep detailed records of all hours worked, wages paid, and pay stubs. Note the dates when you were paid below $12.00 per hour and any communications from your employer regarding wages. Photograph pay stubs, request written pay records from your employer (Virginia employers must provide them), and maintain personal time logs. If you work for tips, document the base wage paid and the actual tips received versus the total compensation.

Step 2: Attempt Internal Resolution (Optional). Report the wage violation to your direct supervisor, manager, or human resources department in writing (email preferred for documentation). Request a written explanation and correction within a reasonable timeframe. Document any response or lack thereof. While this step is not required before filing a claim, it may provide evidence of the employer's knowledge and may strengthen your case. Keep all internal communications.

Step 3: File a Wage Claim with Virginia Department of Labor and Industry. Visit the Virginia DOLI website at www.doli.virginia.gov or call (804) 786-2377 to initiate a wage claim. You must file within two years of the violation (three years if willful). Complete the wage claim form, providing your name, address, employer information, dates of employment, hours worked, wages paid, and the amount owed. Submit the claim online, by mail to the DOLI Office of Wage and Hour Enforcement, or in person. DOLI will investigate at no cost to you, including contacting your employer and reviewing payroll records.

Step 4: Investigation Process and Timeline. After filing, DOLI typically contacts the employer within 2-3 weeks and requests payroll records, timesheets, and documentation of wages paid. The investigation period usually takes 30 to 90 days, depending on complexity and employer cooperation. DOLI may interview you and witnesses and may inspect the workplace. The agency will issue a determination letter stating whether a violation occurred and, if so, the amount owed. If DOLI finds a violation, it will attempt to negotiate payment; if the employer refuses, DOLI may pursue enforcement through civil penalties or refer the case for litigation.

Step 5: Legal Action and Attorney Consultation. If DOLI's investigation does not resolve the claim or you prefer immediate action, consult an employment attorney licensed in Virginia. An attorney can file a private lawsuit in circuit court seeking back pay, liquidated damages (equal to unpaid wages), attorney's fees, and court costs. You do not need to exhaust DOLI proceedings before suing. Contact a local legal aid organization if you cannot afford an attorney. Many employment lawyers work on contingency for wage claims. The statute of limitations for a private lawsuit is two years (or three years if willful); do not delay beyond this deadline.