---
title: Guide to employee benefits and HR rules in Virginia | PeopleKeep
description: Looking for a clear guide to Virginia employment laws? This resource provides everything you need to know about employee benefits and HR rules in the state.
image: https://www.peoplekeep.com/hubfs/Virginia-employee-benefits-and-HR-rules.jpg
---

# Guide to employee benefits and HR rules in Virginia

As a human resources professional or private employer with employees in Virginia, you need to know which employee benefits and policies the Old Dominion requires.

Want to offer personalized benefits that work for your employees no matter where they live? Schedule a free consultation with a personalized benefits advisor.

[TALK TO SALES ](https://www.peoplekeep.com/contact-sales)

![Virginia-PK](https://www.peoplekeep.com/hs-fs/hubfs/Virginia-PK.png?width=800&height=800&name=Virginia-PK.png "Virginia-PK")

## Is your organization compliant with Virginia's employment and HR laws?

If you're based in Virginia or employ workers in Virginia, it's important to familiarize yourself with the state's benefits and HR compliance laws. This guide to HR laws in Virginia will provide a general overview of the laws you need to know.

### Topics covered in this guide include:

- [Why are an employee's rights in Virginia?](https://www.peoplekeep.com/resources/virginia-hr-compliance#what-are-an-employee's-rights-in-Virginia)
- [What are employers required to provide to Virginia employees?](https://www.peoplekeep.com/resources/virginia-hr-compliance#what-are-employers-required-to-provide-to-Virginia-employees)
- [Health insurance coverage in Virginia](https://www.peoplekeep.com/resources/virginia-hr-compliance#Health-insurance-coverage-in-Virginia)
- [Wage laws in Virginia](https://www.peoplekeep.com/resources/virginia-hr-compliance#Wage-laws-in-Virginia)
- [Other HR rules in Virginia](https://www.peoplekeep.com/resources/virginia-hr-compliance#other-hr-rules-in-Virginia)
- [Frequently asked questions](https://www.peoplekeep.com/resources/virginia-hr-compliance#FAQ)

## What are an employee’s rights in Virginia?

State and federal laws protect employee rights. If you currently have or plan to hire workers in the state, you must know what rights your employees have.

**Some Virginia-specific state rights include:**

- At-will employment
- Right-to-work laws
- Whistleblower laws
- Employment applications
- Equal pay
- Weapons in the workplace
- Immigration verification

## What are employers required to provide to Virginia employees?

In addition to what federal law requires, Virginia employment law mandates that employers must provide eligible employees with specific employee benefits and accommodations.

**Required benefits include:**

- [Retirement](https://www.adp.com/resources/articles-and-insights/articles/s/state-mandated-retirement-plans.aspx) plans
- Jury duty leave
- Family and medical leave
- Witness leave
- Crime victim leave
- Military leave
- Sick leave
- Other leaves of absence
- Workers’ compensation insurance
- Breastfeeding breaks
- Unemployment benefits

**Virginia doesn’t require the following benefits:**

- Vacation leave
- Holiday leave
- Voting leave
- Bereavement leave
- Severance pay
- Parental leave
- Meal breaks
- Health insurance benefits

## Health insurance coverage in Virginia

Even if you aren’t required to provide health insurance to your employees, health benefits are an excellent way to attract and retain top talent, especially in a tight labor market. However, rising premium costs have made it challenging for small and medium-sized businesses to offer[ traditional group health insurance](https://www.peoplekeep.com/blog/pros-and-cons-of-group-health-insurance?hsLang=en).

But in Virginia,[ individual health insurance](http://analytics.ideonapi.com/veristat/hra/lowest-premiums-map/2023/) is cheaper on average than group coverage in every county. The chart below shows the difference in monthly premiums for Virginia's three most populated counties.

| **County** | **Group coverage premium cost for a 27-year-old** | **Individual silver-level premium cost for a 27-year-old** | **Group coverage premium cost for a 50-year-old** | **Individual silver-level premium cost for a 50-year-old** |
| --- | --- | --- | --- | --- |
| **Fairfax** | $256/month | $214/month | $437/month | $364/month |
| **Prince William** | $256/month | $214/month | $437/month | $364/month |
| **Virginia Beach** | $289/month | $246/month | $493/month | $419/month |

Let's go over how you can take advantage of this.

### Health reimbursement arrangement (HRA)

A[ health reimbursement arrangement](https://www.peoplekeep.com/health-reimbursement-arrangement-hra?hsLang=en) (HRA) is an IRS-approved, employer-funded health benefit that allows you to reimburse your employees, tax-free, for their individual health coverage premiums and other[ qualifying medical expenses](https://www.peoplekeep.com/irs-502-eligible-expense-tool?hsLang=en).

With an HRA, you have complete control over your benefits budget while giving your employees more freedom to choose how they want to use their benefits.

Some HRAs, such as the[ individual coverage HRA](https://www.peoplekeep.com/individual-coverage-hra-ichra?hsLang=en) (ICHRA), can satisfy the federal requirements for[ applicable large employers](https://www.peoplekeep.com/health-benefits/applicable-large-employers?hsLang=en) (ALEs). This allows organizations of all sizes that offer an HRA to save money on their health benefits.

### Learn more about each HRA

### **QSEHRA**

*For employers with 1-49 employees*

 

A simple, controlled-cost alternative to group health insurance.

 

**[LEARN MORE](https://www.peoplekeep.com/product/qsehra)**

### **ICHRA**

*For employers of all sizes*

 

A flexible health benefit that can be used alone or alongside group health insurance.

 

**[LEARN MORE](https://www.peoplekeep.com/product/ichra)**

### **GCHRA**

*For employers offering group health insurance*

 

A group health supplement to help employees with out-of-pocket expenses.

 

**[LEARN MORE](https://www.peoplekeep.com/product/gchra)**

### Health stipend

A[ health stipend](https://www.peoplekeep.com/blog/health-insurance-stipends-pros-and-cons) is a fixed sum of money offered to your employees to help pay for their healthcare expenses. A health employee stipend isn't a formal group health plan, so you have complete control over which expenses are eligible for reimbursement.

This makes a health stipend an excellent option for small businesses looking to offer a health benefit that covers costs health insurance or HRAs may not cover, such as mental health expenses.

However, a stipend doesn’t satisfy the Affordable Care Act’s employer mandate, and all reimbursements are taxable for employers and employees.

### Learn all about employee stipends with our ultimate guide

[LEARN MORE ](https://www.peoplekeep.com/employee-stipends)

## Wage laws in Virginia

There are various federal and state laws you need to consider when it comes to setting employee wages in Virginia.

### Minimum wage laws

As of January 2023, Virginia’s standard[ minimum wage](https://clockify.me/state-labor-laws/virginia-labor-law) is $12 per hour. It will increase to $13.50 per hour in January 2025 and to $15 per hour in January 2026.

### Tipped employees

Virginia laws don't regulate tipped minimum wage. Employers can offer tipped positions, but tips and employer contributions must equal at least the regular rate of $12.

### Subminimum wage rate

The subminimum wage is the regulated hourly rate for specific categories of workers.

Only two types of workers in Virginia can receive pay below the state minimum wage:

- Part-time student workers
- Trainees under 20 during the first 90 days of employment

Employers must pay student workers at least 85% of the minimum wage. Employers must pay trainees under 20 at a rate of at least $4.35 for their first 90 days of employment.

### Overtime hours

Federal law dictates that[ non-exempt employees](https://www.peoplekeep.com/blog/exempt-vs-non-exempt-employees) must receive an overtime rate of 1.5 times their regular pay for any hours worked beyond 40 in a single workweek.

**Along with federal exemptions, Virginia also enforces overtime restrictions on additional occupations:**

- Farm workers
- Caddies on golf courses
- Taxicab drivers
- Summer camp workers
- Minors under 16
- Student workers
- Any person who is enrolled in secondary and trade schools
- Babysitters who work up to 10 hours per week
- Any person employed as a temporary foreign worker
- Salespeople
- Mechanics

### Payment of wages

In Virginia, employers are legally obligated to provide regular compensation to their employees every two weeks.

### Final pay

In Virginia, employers must give a final paycheck on or before the scheduled payday to anyone who leaves or is fired. This includes all unpaid wages and benefits.

### Recordkeeping

Virginia[ law](https://clockify.me/state-labor-laws/virginia-labor-law) requires employers to maintain employee records for three years, including their personal information, wages, and work history.

## Child labor standards in Virginia

[Child labor laws](https://law.lis.virginia.gov/vacode/title40.1/chapter5/) in Virginia prohibit minors under the age of 14 from working. Minors under 16 need permits and have work-hour restrictions. Employers must keep records that verify the hours per week worked and breaks given to minors under 16. Additionally, there are regulations that outline the particular types of work that are prohibited or restricted for children under the age of 18.

**Minors under 18**[**can't work**](https://virginiarules.org/varules_topics/teens-and-employment/)** in the following places or occupations:**

- Any job with hazards that can cause serious harm or death, such as mining, logging, manufacturing, or explosive storage.
- Worksites that manufacture paints, colors, or white lead.
- Establishments where the consumption of alcoholic beverages is the main business.
- As a driver or helper on a truck or a commercial vehicle with more than two axles.

## Other HR rules in Virginia

There are a few other HR rules you need to be aware of in Virginia.

### Veteran's preference

In Virginia, employers can give preference to veterans for hiring or promotion-related decisions.

### Discrimination

| **Law** | **Summary** |
| --- | --- |
| **[Virginia Human Rights Act](http://law.lis.virginia.gov/vacodepopularnames/virginia-human-rights-act) (VHRA)** | The VHRA prohibits discrimination on the basis of race, color, religion, sex, pregnancy, age, national origin, disability, or marital status. While the VHRA covers all employers, civil lawsuits can only be brought against employers with five or more employees for unlawful discharge or 15 or more employees for other claims. |
| **[Virginians with Disabilities Act](http://law.justia.com/codes/virginia/2011/title51-5/chapter9/51-5-41/)** | This Act mimics the federal Americans with Disabilities Act of 1990. Employers can't discriminate against individuals with disabilities. They must also provide them with reasonable accommodations. Employers covered by the federal[ Rehabilitation Act of 1973](https://www.nad.org/resources/civil-rights-laws/rehabilitation-act-of-1973/) are[ exempt](https://law.justia.com/codes/virginia/2011/title51-5/chapter9/51-5-41/) from the Virginians with Disabilities Act. |
| **Safety provisions** | Virginia safety provisions[ prohibit](https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-51.2:1/) employers from terminating or discriminating against employees who report safety or health concerns. |

### Anti-retaliation provisions

In Virginia, there are specific circumstances where employers can't retaliate against their employees.

**These include:**

- Having their[ earnings](https://law.lis.virginia.gov/vacode/title34/chapter4/section34-29/) garnished for any one indebtedness.
- Filing a[ complaint or participating](https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-51.2:1/) in an investigation under the Virginia Occupational Safety and Health Act.
- Having a certain[ genetic characteristic](https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.7:1/#:~:text=%C2%A7%2040.1%2D28.7%3A1.,as%20a%20condition%20of%20employment).
- Filing a[ claim](https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29/) with the Commissioner of Labor and Industry for unpaid or untimely paid wages.
- [Serving](https://law.lis.virginia.gov/vacode/title44/chapter1/section44-93.4/) in the Virginia National Guard, Virginia Defense Force, or National Guard of another state.

### Protection from defamation

Virginia law protects employers[ from defamation](https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-46.1/) if they disclose factual information about a current or former employee's job performance.

### Marijuana use

In 2021, Virginia passed a law decriminalizing the possession of up to one ounce of marijuana for people 21 or older. The law also included strengthened protections for medical marijuana users. Virginia[ House Bill 1862](https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB1862) states that employers cannot punish or fire employees for using cannabis as long as it doesn't affect their work. However, employers can take action if employees use or possess marijuana during work hours.

### No smoking

Smoking isn't allowed in enclosed areas unless exempted by statute according to the[ Virginia Clean Indoor Air Act](http://law.lis.virginia.gov/vacode/title15.2/chapter28.2/).

### Drug testing

[Virginia](https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4312/) allows employers to drug test employees and terminate them if they test positive. State contractors with contracts over $10,000 must also follow drug-free requirements.

Licensed home health organizations and exempt home care organizations must establish drug-free workplaces, including employee testing. They must also[ report](https://law.lis.virginia.gov/vacode/32.1-162.9:1/#:~:text=%C2%A7%2032.1%2D162.9%3A1.,suspension%20or%20revocation%20of%20license) positive results to health regulatory boards.

Employers are[ not allowed](https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28/) to charge job applicants for their own medical exams, and both prospective employees and current employees must give consent to a test. Also, employers can't force current employees to cover the cost of their own exams.

 FAQ

## Frequently asked questions

### What is the minimum wage in Virginia?

The minimum wage in Virginia is $12 per hour.

### Do you have to pay overtime in Virginia?

Yes. Non-exempt employees must receive 1.5 times their regular pay for any hours worked over 40 in a week, according to federal law.

### How does someone get an employment certificate in Virginia?

Children and their parents can apply for an employment certificate online through the[ Virginia Department of Labor and Industry](https://www.doli.virginia.gov/labor-law/employment-certificate-application-instructions/).

### What types of work is someone under 18 not allowed to do in Virginia?

Minors under 18 [can't work](https://virginiarules.org/varules_topics/teens-and-employment/) any job with hazards that can cause serious harm or death, such as mining, logging, manufacturing, or explosive storage. They can't work at sites that manufacture paints, colors, or white lead. They also can't work at bars or as a driver or helper on a truck or commercial vehicles with more than two axles.

![Humaaan | Man Standing 5](https://www.peoplekeep.com/hs-fs/hubfs/All%20Images/Humaaans/Humaaan%20%7C%20Man%20Standing%205.png?width=219&height=350&name=Humaaan%20%7C%20Man%20Standing%205.png "Humaaan | Man Standing 5")

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## Looking to enhance your benefits package?

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