Virginia Employment Rights Guide

Virginia has significantly strengthened employee protections in recent years, providing workers with powerful remedies for wage theft, discrimination, and workplace violations. The Virginia Department of Labor and Industry (DOLI) enforces state wage and employment laws. Understanding your rights under the Virginia Payment of Wage Law (Va. Code § 40.1-29) and the Virginia Human Rights Act (Va. Code § 2.2-3900) can help you recover unpaid wages, challenge wrongful termination, and hold employers accountable for illegal conduct.

Virginia Employment Rights Overview

Virginia employment law has undergone significant reforms, especially since 2020, expanding protections for workers across the Commonwealth. While Virginia remains an "at-will" employment state, numerous statutory protections limit employer conduct.

Key Employment Laws

• Virginia Payment of Wage Law: Va. Code § 40.1-29 - Wage payment and collection
• Virginia Human Rights Act: Va. Code § 2.2-3900 et seq. - Discrimination protections
• Virginia Overtime Wage Act: Va. Code § 40.1-29.2 - Overtime requirements
• Whistleblower Protection: Va. Code § 40.1-51.2:1 - Retaliation protections
• Virginia Minimum Wage Act: Va. Code § 40.1-28.8 - Minimum wage requirements
• Virginia Values Act: Expanded VHRA protections (effective 2020)

Unpaid Wages and Wage Theft

The Virginia Payment of Wage Law provides strong remedies for employees who aren't paid what they're owed.

What Employers Must Pay

• Regular wages: All wages earned must be paid on regular paydays
• Overtime: 1.5x regular rate for hours over 40/week (for covered employees)
• Minimum wage: $12.00/hour (as of January 2023; scheduled increases)
• Commissions: As agreed in writing or customary practice
• Bonuses: If promised or part of compensation agreement
• Accrued vacation: If employer policy promises payout

Final Paycheck Requirements

Under Va. Code § 40.1-29, final wages must be paid by the next regular payday:

• Voluntary resignation: By next regular payday
• Termination: By next regular payday
• Layoff: By next regular payday
• No waiting period: Cannot be conditioned on return of property

Remedies for Unpaid Wages

Virginia provides strong remedies for wage violations:

Violation Type	Available Recovery
Unpaid wages (non-willful)	Amount owed + interest + attorney fees
Unpaid wages (willful)	Treble damages (3x) + attorney fees
Overtime violations	Unpaid overtime + liquidated damages + attorney fees
Minimum wage violations	Unpaid wages + liquidated damages + attorney fees

Filing a Wage Claim with DOLI

The Virginia Department of Labor and Industry (DOLI) investigates wage complaints and can help recover unpaid wages.

Step-by-Step DOLI Complaint Process

1. Gather documentation: Pay stubs, timesheets, employment records, written communications
2. Calculate amount owed: Determine exact wages due with dates
3. File complaint: Online at doli.virginia.gov or by mail
4. DOLI investigation: Department contacts employer for response
5. Resolution attempt: DOLI may facilitate payment or settlement
6. Referral or court: If unresolved, pursue court action

DOLI Contact Information

• Online: doli.virginia.gov
• Phone: (804) 371-2327
• Email: [email protected]
• Mail: 600 E. Main Street, Suite 207, Richmond, VA 23219

Employment Discrimination (Virginia Human Rights Act)

The Virginia Human Rights Act (VHRA), significantly expanded by the Virginia Values Act of 2020, prohibits discrimination in employment based on protected characteristics.

Protected Characteristics

• Race and color
• Religion
• National origin
• Sex (including pregnancy, childbirth, and related conditions)
• Sexual orientation
• Gender identity
• Age (40 and older)
• Disability
• Military status
• Marital status

Covered Employers

Under the expanded VHRA:

• Private employers: 5 or more employees (for most claims)
• Age discrimination: 5 or more employees
• Pregnancy discrimination: 5 or more employees
• State and local government: All public employers covered

What Constitutes Discrimination

• Hiring decisions: Refusing to hire based on protected status
• Termination: Firing based on protected characteristic
• Compensation: Unequal pay for same work
• Terms and conditions: Different treatment in job assignments, promotions, benefits
• Harassment: Creating hostile work environment
• Retaliation: Punishing employees for reporting discrimination

Discrimination Remedies

• Back pay: Lost wages from date of discrimination
• Front pay: Future lost wages if reinstatement not feasible
• Compensatory damages: Emotional distress, pain and suffering
• Punitive damages: For willful or reckless violations
• Reinstatement: Return to position
• Attorney fees and costs: Prevailing plaintiffs can recover

Wrongful Termination

While Virginia is an "at-will" employment state, meaning employers can generally terminate employment for any reason, several exceptions protect employees from wrongful discharge.

Exceptions to At-Will Employment

• Discrimination: Cannot fire based on protected characteristics
• Retaliation: Cannot fire for reporting violations or exercising rights
• Public policy: Cannot fire for refusing to violate law or performing civic duty
• Contract: If employment contract limits termination
• Whistleblowing: Protected for reporting employer violations

Whistleblower Protections

Virginia protects employees who report certain violations:

• Va. Code § 40.1-51.2:1: Protection for reporting fraud, abuse, or violations of law
• Safety violations: Reporting OSHA or workplace safety concerns
• Environmental violations: Reporting pollution or environmental hazards
• Financial fraud: Reporting accounting or securities violations

Virginia Small Claims Court (General District Court)

Virginia's General District Court handles smaller civil claims, including employment disputes within its jurisdictional limits.

Small Claims Court Details

Detail	Information
Maximum claim (small claims)	$5,000
General District Court max	$25,000
Filing fee	$37-$51 (varies by amount)
Where to file	General District Court where employer is located or works
Attorneys allowed	Yes, but not required for small claims
Appeal	Yes, to Circuit Court within 10 days

Filing a Wage Claim in Court

1. Determine venue: File in county/city where employer is located or where you worked
2. Obtain warrant in debt: Form for money claims (civil claim form)
3. Calculate claim: Include unpaid wages, applicable treble damages, interest
4. Pay filing fee: $37-$51 depending on claim amount
5. Serve the employer: Sheriff service or private process server
6. Prepare evidence: Pay stubs, time records, employment agreement, communications
7. Attend hearing: Present your case to judge

Writing a Demand Letter for Unpaid Wages

A formal demand letter is often the first step in recovering unpaid wages and can lead to resolution without court.

What to Include

• Your information: Name, address, contact information
• Employer information: Company name, address
• Employment dates: When you worked for the employer
• Wages owed: Specific amount with calculation
• Pay period: Dates for which wages are owed
• Legal basis: Cite Va. Code § 40.1-29
• Deadline: 10-14 days to respond
• Consequences: Intent to file with DOLI and/or court, seek treble damages

Sample Demand Letter Language

Misclassification Issues

Some employers misclassify employees as independent contractors to avoid paying overtime, benefits, and employment taxes. Virginia law addresses this issue.

Signs of Misclassification

• Employer controls when, where, and how you work
• You can't work for other clients/customers
• Employer provides tools and equipment
• You're paid hourly or salary rather than per project
• You receive training from the employer
• Work is integral to employer's business

Remedies for Misclassification

• Overtime recovery: Back pay for unpaid overtime
• Benefits: Value of lost health insurance, retirement contributions
• Tax adjustments: Employer responsible for employment taxes
• Workers' compensation: Coverage for work injuries

Pregnancy and Family Leave Rights

Virginia provides protections for pregnant employees and those needing family leave.

Virginia Pregnancy Discrimination

Under the VHRA and Virginia Pregnant Workers Fairness Act:

• Cannot discriminate: Based on pregnancy, childbirth, or related conditions
• Reasonable accommodation: Must accommodate pregnancy-related limitations
• Cannot force leave: If employee can work with accommodation
• Health insurance: Must cover pregnancy same as other conditions

Family and Medical Leave

• Federal FMLA: 12 weeks unpaid leave (employers with 50+ employees)
• Virginia parental leave: Additional protections for state employees
• Applies for: Birth, adoption, foster care, serious health condition, family member care

Statute of Limitations Summary

Claim Type	Time Limit	Statute
Unpaid Wages	3 years	Va. Code § 40.1-29
VHRA Discrimination	2 years	Va. Code § 2.2-3901
EEOC Charge (federal)	300 days	Title VII
FLSA Claims (federal)	2 years (3 if willful)	29 U.S.C. § 255
Wrongful Termination	2 years	Va. Code § 8.01-248
Written Contract	5 years	Va. Code § 8.01-246

Frequently Asked Questions

How long does my employer have to pay me after I quit or am fired in Virginia?

Under Va. Code § 40.1-29, your employer must pay all wages owed by the next regular payday. There is no additional waiting period, and the employer cannot condition payment on return of company property. If your employer fails to pay on time, you may be entitled to treble damages for willful violations.

Can I sue my employer for unpaid wages in Virginia?

Yes. You can file a complaint with the Virginia Department of Labor and Industry (DOLI) or file a lawsuit directly in General District Court (for claims up to $25,000) or Circuit Court (for larger claims). Successful plaintiffs can recover the wages owed, plus treble damages for willful violations and reasonable attorney fees.

What is the minimum wage in Virginia?

As of January 2023, Virginia's minimum wage is $12.00 per hour. There are scheduled increases, so check current rates. Tipped employees may be paid a lower cash wage if tips bring them to at least minimum wage, but employers must make up the difference if they don't.

Can I be fired for filing a wage complaint in Virginia?

No. Virginia law prohibits retaliation against employees who file wage complaints, cooperate with investigations, or assert their rights under wage and hour laws. If you're fired for filing a complaint, you may have a separate retaliation claim with additional damages available.

How do I file a discrimination complaint in Virginia?

You can file directly in court under the Virginia Human Rights Act (no administrative exhaustion required) or file with DOLI's Division of Human Rights. For federal claims, file with the EEOC within 300 days. Many employees file with both the EEOC and state agency simultaneously.

What qualifies as wrongful termination in Virginia?

Virginia is an at-will state, but you may have a wrongful termination claim if you were fired based on discrimination (race, sex, age, disability, etc.), retaliation for reporting violations, refusal to commit an illegal act, or exercising legal rights. Written employment contracts can also limit termination.

Can I recover attorney fees if I win my wage case?

Yes. Under Va. Code § 40.1-29, prevailing employees in wage claims can recover reasonable attorney fees and costs. This is true for both willful and non-willful violations, making it easier to find an attorney willing to take your case.

Key Resources

• VA Department of Labor and Industry: doli.virginia.gov or (804) 371-2327
• DOLI Wage Complaint Form: doli.virginia.gov/labor-law/payment-of-wage
• Virginia Employment Commission: vec.virginia.gov (unemployment benefits)
• EEOC Richmond Office: 1-800-669-4000
• Virginia State Bar Lawyer Referral: 1-800-552-7977
• Legal Aid Justice Center: justice4all.org (free legal help for low-income workers)
• Virginia Poverty Law Center: vplc.org