Quick Answer: Virginia Minimum Wage 2026
Virginia Minimum Wage 2026: $12.77/hour (effective January 1, 2026)
Tipped Minimum: $2.13/hour + tips must equal $12.77/hour
Applies to: All employers (no size exemptions)
Overtime: 1.5× regular rate after 40 hours/week
Official Source: Virginia Department of Labor and Industry
Virginia’s minimum wage increases to $12.77 per hour on January 1, 2026. This is a $0.36 increase from the 2025 rate of $12.41/hour, calculated using the Consumer Price Index for All Urban Consumers (CPI-U). The rate applies to all workers in Virginia, including minors and part-time employees.
The Virginia Department of Labor and Industry announced this increase in July 2025. It follows Virginia’s new automatic adjustment system that ties minimum wage to inflation.
Calculate Your Earnings in Virginia
Want to know exactly how much you’ll earn at Virginia’s $12.77 minimum wage? Use our free calculator to estimate your weekly, monthly, and annual income based on your hours worked.
💰 Minimum Wage Earnings Calculator
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📊 Your Earnings Breakdown
💰 Gross Earnings
Calculator features:
- Automatic Virginia wage rates for 2026
- Weekly, monthly, and annual earnings
- Overtime calculations
- Tax withholding estimates
- Take-home pay breakdown
Full calculator with all features: Calculate your exact minimum wage earnings
Questions about your wages or need legal help?
Email: admin@bestlawyersinunitedstates.com
What Is Virginia's Minimum Wage in 2026?
Virginia's minimum wage is $12.77 per hour starting January 1, 2026. This rate applies to all employers in Virginia, regardless of business size.
Key Facts About the 2026 Rate
- Effective Date: January 1, 2026
- Hourly Rate: $12.77
- Annual Salary: $26,562 (based on 40 hours/week, 52 weeks/year)
- Previous Rate (2025): $12.41/hour
- Increase: 2.9% (based on 2024 CPI-U)
Who Must Pay $12.77/Hour?
The Virginia Minimum Wage Act covers most workers. All employers must pay at least $12.77/hour to:
- Retail workers
- Restaurant employees (servers must also meet tipped minimum)
- Healthcare workers
- Manufacturing workers
- Service industry employees
- Part-time and full-time workers
- Minors aged 14-17
Exceptions: Agricultural workers, domestic workers in private homes, and certain seasonal recreational workers are not covered. Properly classified exempt employees (executive, administrative, professional) are also excluded if they meet salary and duties tests.
How Virginia Calculates Annual Minimum Wage Increases
Virginia now adjusts its minimum wage automatically each year using the Consumer Price Index for All Urban Consumers (CPI-U).
The CPI-U Adjustment Formula
Formula:
Current Minimum Wage × (1 + CPI-U % Change) = New Minimum Wage
2026 Example:
$12.41 × 1.029 = $12.77
Annual Adjustment Timeline
| Month | Event |
|---|---|
| December | U.S. Bureau of Labor Statistics publishes CPI-U annual change |
| By October 1 | Virginia Commissioner of Labor announces next year's rate |
| January 1 | New rate takes effect |
Future Wage Projections
Assuming 2-3% annual inflation:
| Year | Projected Rate |
|---|---|
| 2027 | $13.00-$13.15/hour |
| 2028 | $13.25-$13.50/hour |
| 2029 | $13.50-$13.85/hour |
Note: Actual rates depend on CPI-U calculations published each year by the U.S. Bureau of Labor Statistics.
Virginia Minimum Wage History (2020-2026)
Virginia has significantly increased its minimum wage since 2020. Here's the complete timeline:
| Effective Date | Minimum Wage | Tipped Wage | Change |
|---|---|---|---|
| Jan 1, 2020 | $7.25 | $2.13 | Federal rate |
| Jan 1, 2021 | $9.50 | $2.13 | +$2.25 |
| Jan 1, 2022 | $11.00 | $2.13 | +$1.50 |
| Jan 1, 2023 | $12.00 | $2.13 | +$1.00 |
| Jan 1, 2024 | $12.00 | $2.13 | Frozen |
| Jan 1, 2025 | $12.41 | $2.13 | +$0.41 (CPI) |
| Jan 1, 2026 | $12.77 | $2.13 | +$0.36 (CPI) |
What Happened to Virginia's $15 Minimum Wage?
Virginia was on track to reach $15/hour by 2025, but the plan was frozen in 2022. Here's what happened.
The Original $15 Plan (2021 Legislation)
Senate Bill 7 (2021) created scheduled increases:
- January 1, 2021: $7.25 → $9.50
- January 1, 2022: $9.50 → $11.00
- January 1, 2023: $11.00 → $12.00
- January 1, 2024: $12.00 → $13.50 (planned)
- January 1, 2025: $13.50 → $15.00 (planned)
Why It Was Frozen
Political Timeline:
- 2020-2021: Democrats controlled Virginia legislature, passed SB 7
- 2021 Elections: Republicans won House of Delegates majority
- 2022-2023: Legislature froze increases at $12.00/hour
- Current System: CPI-U adjustments only
Republican Arguments:
- $15 would hurt small businesses
- Concerns about inflation and economic recovery
- Business lobbying against rapid increases
Will Virginia Reach $15/Hour?
Under current law: Unlikely anytime soon
At 2.9% annual CPI growth, Virginia wouldn't reach $15/hour until approximately 2035. States like Maryland already achieved $15/hour minimum wage in 2025, while Virginia remains at $12.77.
Political Reality: Virginia's minimum wage will grow slowly via CPI adjustments only, unless future legislatures pass new legislation to accelerate increases.
Tipped Employees in Virginia: What You Need to Know
Virginia restaurant workers, servers, and bartenders have special minimum wage rules under the Fair Labor Standards Act (FLSA) "tip credit" system.
Virginia's Tipped Minimum Wage
Virginia uses the federal tipped minimum wage of $2.13 per hour for employees who regularly receive more than $30 per month in tips.
Critical Rule: Tips + $2.13 must equal $12.77/hour in 2026. If tips fall short, employers must pay the difference.
How the Tip Credit Works
| Scenario | Base Pay | Tips/Hour | Total | Employer Must Pay |
|---|---|---|---|---|
| Scenario 1 | $2.13 | $15.00 | $17.13 | $2.13 only ✅ |
| Scenario 2 | $2.13 | $8.00 | $10.13 | $4.77 (make up difference) ⚠️ |
| Scenario 3 | $2.13 | $3.00 | $5.13 | $10.64 (make up difference) ⚠️ |
Who Qualifies as a Tipped Employee?
Virginia law allows tip credits for:
- Servers and waiters
- Bartenders
- Bussers (if tips are shared)
- Delivery drivers (if tips are regular)
Requirement: Must receive $30+ per month in tips to be classified as tipped.
Tip Pooling Rules
Legal:
- Shared tip pools among tipped employees
- "Tip-out" to bussers, hosts, bartenders
- Employee-to-employee tip sharing
Illegal:
- Managers participating in tip pools
- Supervisors taking portions of tips
- Employers keeping any tips
- Forcing employees to share tips with back-of-house (unless shared wage system)
Verifying You're Earning $12.77/Hour
Track your earnings weekly:
- Calculate total hours worked
- Add base pay ($2.13 × hours) + all tips received
- Divide total by hours worked
- Result must equal $12.77 or more
If your hourly average falls below $12.77, your employer must pay the difference.
What to Do If You're Not Earning Minimum Wage
- Document all hours worked and tips received
- Calculate your shortfall
- Request additional payment from employer
- File complaint with Virginia Department of Labor and Industry if employer refuses
Contact: (804) 786-2706 or laborlaw@doli.virginia.gov
Minimum Wage for Minors in Virginia
Virginia does NOT have a separate youth minimum wage. Workers under 18 must receive the full $12.77/hour minimum wage in 2026.
Age-by-Age Breakdown
Ages 14-15:
- Minimum wage: $12.77/hour (full rate)
- Hour restrictions apply
- Employment certificate required
Hour Restrictions for 14-15:
| Period | Maximum Hours/Day | Maximum Hours/Week | Work Hours Allowed |
|---|---|---|---|
| School days | 3 hours | 18 hours | 7am-7pm |
| Non-school days | 8 hours | 40 hours | 7am-7pm |
| Summer (June-Labor Day) | 8 hours | 40 hours | 7am-9pm |
Ages 16-17:
- Minimum wage: $12.77/hour (full rate)
- Fewer hour restrictions
- Employment certificate required
Hour Restrictions for 16-17:
- School days: No state limit
- Non-school days: 8 hours/day maximum
- No weekly hour limit
Age 18+:
- No hour restrictions
- No employment certificate required
- Full minimum wage protections
Employment Certificate Requirements
Virginia requires employment certificates for all workers under 18.
How to get a certificate:
- Obtain form from school or Virginia Department of Labor website
- Parent/guardian signs form
- Employer completes their section
- Submit to school principal or Virginia DOL for approval
- Employer must keep certificate on file
Prohibited Jobs for Minors
Virginia law prohibits workers under 18 from:
- Operating power-driven machinery (meat slicers, dough mixers)
- Manufacturing, mining, processing occupations
- Roofing, excavation, demolition
- Driving motor vehicles (exceptions for 17+ with proper training)
- Alcohol service (bartending, serving at bars)
- Working in adult entertainment venues
Common Question: "Can employers pay minors a training wage?"
Answer: No. Virginia does not allow training wages or subminimum wages for minors.
Virginia Overtime Pay Rules for 2026
Virginia follows federal Fair Labor Standards Act (FLSA) overtime rules. Most workers must receive overtime pay for hours over 40 per week.
Calculate Your Overtime Pay in Virginia
Working more than 40 hours per week? Calculate your overtime earnings based on Virginia's overtime laws.
⏰ Overtime Pay Calculator
Calculate your overtime earnings based on your state's specific labor laws
📍 Select Your State
💰 Your Hourly Wage
📊 Calculation Method
📅 Weekly Hours
💵 Your Weekly Overtime Pay
📊 Earnings Breakdown
📅 Pay Period Estimates
⚖️ State vs Federal Comparison
Calculator features:
- Virginia-specific overtime rules
- Weekly overtime calculations
- Pay period breakdowns
- Comparison with federal law
Full overtime calculator: Calculate your exact overtime pay
Questions about your wages or need legal help?
Email: admin@bestlawyersinunitedstates.com
Standard Overtime Rate
Rule: 1.5× regular hourly rate for hours worked over 40 in a workweek
Example:
$12.77/hour regular → $19.16/hour overtime
Overtime for Tipped Employees
Overtime is calculated based on full minimum wage ($12.77), not tipped wage ($2.13).
Example Calculation:
Server works 50 hours in one week:
- Regular rate: $12.77/hour
- Overtime rate: $12.77 × 1.5 = $19.16/hour
- Base pay: (40 hours × $2.13) + (10 hours × $3.20) = $117.20
- Tips must bring total to: (40 × $12.77) + (10 × $19.16) = $702.40
Who Gets Overtime?
Non-exempt employees must receive overtime:
- Hourly workers
- Most salaried workers earning under $35,568/year
- Workers who don't meet executive/administrative/professional exemption tests
Who Is Exempt from Overtime?
Exempt employees (no overtime required):
- Executive employees (manage 2+ employees, hiring/firing authority)
- Administrative employees (office work, discretion, significant matters)
- Professional employees (advanced knowledge, lawyers, doctors, engineers)
- Computer employees earning $27.63/hour or more
- Outside sales employees
- Certain commissioned employees
2026 Salary Threshold: $684/week ($35,568/year)
If you earn salary below $35,568/year, you're automatically entitled to overtime regardless of job duties.
What Virginia Does NOT Require
Virginia does not require:
- Daily overtime (no 8-hour rule like California minimum wage laws)
- Weekend premium pay
- Holiday premium pay
- "Comp time" for private employers (must pay cash overtime)
Exempt vs. Non-Exempt Employees in 2026
Understanding exempt status is critical. Many employers misclassify workers to avoid paying overtime.
2026 Salary Threshold
Minimum salary for exemption: $684/week ($35,568/year)
| Salary Level | Overtime Required? |
|---|---|
| Below $35,568/year | Yes - automatically non-exempt |
| $35,568-$107,432/year | Maybe - depends on duties test |
| Above $107,432/year | Likely exempt (highly compensated) |
Common Exemptions and Tests
Executive Exemption:
- Primary duty: Managing enterprise or department
- Supervises 2+ full-time employees
- Authority to hire/fire or recommendations carry weight
- Salary: $684/week minimum
Administrative Exemption:
- Primary duty: Office/non-manual work related to management
- Exercises discretion and independent judgment
- Matters of significance to business
- Salary: $684/week minimum
Professional Exemption:
- Work requires advanced knowledge (learned profession)
- Examples: Lawyers, doctors, engineers, teachers
- OR creative/artistic work (writers, musicians)
- Salary: $684/week minimum
Computer Employee Exemption:
- Salary: $27.63/hour OR $684/week
- System analyst, programmer, software engineer
- Design, development, documentation of computer systems
Warning Signs of Misclassification
🚨 You may be misclassified if:
- Paid salary but earn less than $35,568/year
- Title says "manager" but no real management duties
- Work is primarily manual labor despite salary
- Required to clock in/out despite "exempt" status
- Employer calls you "exempt" to avoid overtime
What to Do If Misclassified
- Calculate unpaid overtime wages owed
- Gather pay stubs and time records
- Contact Virginia Department of Labor and Industry
- File wage complaint
- May be entitled to back pay plus damages
Phone: (804) 786-2706
Email: laborlaw@doli.virginia.gov
Can You Live on Virginia's Minimum Wage?
The short answer: It's extremely difficult, especially in Northern Virginia and urban areas.
Annual Income at $12.77/Hour
Gross income:
- Hourly: $12.77
- Weekly (40 hours): $510.80
- Monthly: $2,213
- Annual: $26,562
Take-home pay (after ~15% taxes):
- Monthly: ~$1,881
- Annual: ~$22,578
Budget Reality for Single Adult in Virginia
| Expense | Monthly Cost | Annual Cost |
|---|---|---|
| Rent (1-bedroom) | $1,200-$1,800 | $14,400-$21,600 |
| Utilities | $150-$200 | $1,800-$2,400 |
| Food | $300-$400 | $3,600-$4,800 |
| Transportation | $200-$400 | $2,400-$4,800 |
| Healthcare | $200-$300 | $2,400-$3,600 |
| Phone/Internet | $100-$150 | $1,200-$1,800 |
| TOTAL | $2,150-$3,250 | $25,800-$39,000 |
Conclusion: Monthly expenses often exceed take-home pay, especially in cities like Alexandria where 1-bedroom apartments average $1,800+.
MIT Living Wage Calculator Data
The MIT Living Wage Calculator estimates these hourly rates for Virginia:
| Household Type | Living Wage Needed |
|---|---|
| Single adult | $17.94/hour |
| Single adult + 1 child | $35.39/hour |
| 2 adults (1 working) + 2 children | $34.67/hour |
Virginia's $12.77 minimum wage is 29% below the living wage for a single adult.
Regional Cost of Living Differences
Northern Virginia (Fairfax, Alexandria, Arlington):
- Cost of living: 30-50% above state average
- Average 1-bedroom rent: $1,800-$2,200
- Minimum wage insufficient for independent living
Richmond:
- Moderate costs
- Average 1-bedroom rent: $1,100-$1,400
- $12.77/hour might support shared housing
Rural Virginia (Southwest, Southside):
- Lower housing costs
- Average 1-bedroom rent: $600-$900
- Jobs are scarce, transportation costs higher
Virginia Beach/Norfolk:
- Coastal tourism economy
- Average 1-bedroom rent: $1,200-$1,500
- Moderate cost of living
Survival Strategies
- Roommates: Split rent 2-3 ways
- Multiple jobs: Work 50-60 hours/week (overtime helps)
- Government assistance: SNAP, Medicaid, housing vouchers
- Skills training: Move beyond minimum wage work
- Live in lower-cost areas: Accept longer commutes
Bottom Line: Virginia's $12.77 minimum wage is not sufficient for independent living in most areas, especially for families.
Virginia vs. Neighboring States: 2026 Comparison
How does Virginia's minimum wage compare to surrounding states?
| State/Jurisdiction | 2026 Minimum Wage | Tipped Minimum | Difference from VA |
|---|---|---|---|
| Virginia | $12.77 | $2.13 + tips | Baseline |
| Maryland | $15.00+ (CPI) | $3.63 + tips | +$2.23/hour |
| West Virginia | $8.75 | $2.13 + tips | -$4.02/hour |
| North Carolina | $7.25 | $2.13 + tips | -$5.52/hour |
| Washington, DC | $17.50+ (CPI) | $10.00 + tips | +$4.73/hour |
| Pennsylvania | $7.25 | $2.83 + tips | -$5.52/hour |
Key Takeaways
Virginia is mid-range among neighbors:
- Higher than North Carolina's federal minimum wage ($7.25)
- Higher than Pennsylvania minimum wage ($7.25)
- Lower than Maryland's $15 minimum wage
- Much lower than DC's $17.50
Commuter Wage Gaps
Northern Virginia workers face major wage gaps:
Working in DC vs. Virginia:
- DC minimum: $17.50/hour
- Virginia minimum: $12.77/hour
- Gap: $4.73/hour ($9,838/year)
Working in Maryland vs. Virginia:
- Maryland minimum: $15.00/hour
- Virginia minimum: $12.77/hour
- Gap: $2.23/hour ($4,638/year)
Many Northern Virginia residents cross state lines for higher-paying jobs.
Why the Differences?
Washington, DC:
- High cost of living
- Progressive city government
- Strong labor advocacy
Maryland:
- Reached $15 minimum in 2025
- Democratic legislature
- Scheduled increases continue
Virginia:
- Frozen at $12 in 2022
- CPI-only adjustments
- Republican legislature blocked $15 path
North Carolina & Pennsylvania:
- Follow federal minimum ($7.25)
- Republican legislatures
- No state minimum wage laws above federal
Unlike states with higher minimums like New York's graduated minimum wage system, Virginia uses a single statewide rate with no local variations.
How to File a Wage Complaint in Virginia
If your employer is not paying you Virginia's $12.77 minimum wage or overtime, you can file a complaint with the Virginia Department of Labor and Industry.
Calculate Your Wage Theft Recovery in Virginia
Think your employer owes you money? Use our wage theft calculator to estimate how much you could recover, including unpaid wages, penalties, and interest under Virginia law.
Wage Theft Recovery Calculator
Estimate how much you can recover in unpaid wages, penalties, and damages based on your state's laws
💵 Estimated Total Recovery
💰 Unpaid Wages
⚖️ Penalties & Damages
📋 Total Summary
Calculator features:
- Multiple violation types (unpaid wages, overtime, tips)
- Virginia-specific penalties and damages
- Filing deadline tracker
- Total recovery estimate
- Next steps guidance
Full wage theft calculator: Calculate your exact wage theft recovery
Questions about your wages or need legal help?
Email: admin@bestlawyersinunitedstates.com
Step 1: Gather Evidence
Document everything:
- All pay stubs
- Time sheets and time clock records
- Written work schedules
- Text messages or emails about pay
- Bank deposit records
- Calculation of hours worked vs. pay received
Step 2: Calculate Unpaid Wages
Example:
Worked 45 hours/week for 8 weeks, paid $10/hour (no overtime):
Should have been paid:
- Regular: 40 hours × $12.77 × 8 weeks = $4,086.40
- Overtime: 5 hours × $19.16 × 8 weeks = $766.40
- Total owed: $4,852.80
Actually paid:
- 45 hours × $10 × 8 weeks = $3,600
Stolen wages: $1,252.80
Step 3: File Complaint with Virginia DOL
Contact Information:
Virginia Department of Labor and Industry
Division of Labor and Employment Law
6606 West Broad Street, Suite 500
Richmond, Virginia 23230
Phone: (804) 786-2706
Email: laborlaw@doli.virginia.gov
Website: doli.virginia.gov
Step 4: Investigation Process
- Virginia DOL receives complaint
- Assigns investigator to case
- Contacts employer for records
- Reviews pay stubs and time records
- Determines if violation occurred
- Orders payment if wages are owed
Step 5: Potential Outcomes
If employer pays voluntarily:
- Case closed
- You receive back pay
If employer refuses:
- Virginia DOL may impose penalties
- May file lawsuit on your behalf
- You can file private lawsuit
Penalties for employers:
- Back wages owed
- Interest on unpaid wages
- Civil penalties up to $1,000 per violation
- Potential business license issues
Virginia Filing Deadlines
| Claim Type | Filing Deadline |
|---|---|
| Unpaid minimum wages | 3 years |
| Unpaid overtime | 3 years |
| Tip violations | 3 years |
| Retaliation | 180 days |
Retaliation Protection
🛡️ It is ILLEGAL for employers to:
- Fire you for filing a wage complaint
- Reduce your hours
- Demote you
- Threaten you
- Threaten deportation (even if undocumented)
If you face retaliation, file an additional complaint immediately.
Local Minimum Wages in Virginia
Does Virginia Beach have a higher minimum wage than the rest of Virginia?
No. Virginia law does NOT allow cities or counties to set their own minimum wages.
Statewide Uniformity
All Virginia localities follow the state minimum wage of $12.77/hour in 2026:
| City/County | Minimum Wage 2026 |
|---|---|
| Virginia Beach | $12.77 |
| Richmond | $12.77 |
| Alexandria | $12.77 |
| Fairfax County | $12.77 |
| Norfolk | $12.77 |
| Arlington | $12.77 |
| Charlottesville | $12.77 |
| Roanoke | $12.77 |
| Newport News | $12.77 |
| Hampton | $12.77 |
Why No Local Variation?
State preemption:
- Virginia Code prevents local minimum wage ordinances
- Even high-cost areas (Northern Virginia) cannot exceed state minimum
- Unlike California, New York, Washington which allow local increases
Comparison to Washington, DC
Wage gap at Virginia/DC border:
- Washington, DC: $17.50/hour
- Alexandria, VA: $12.77/hour (across the Potomac River)
- Gap: $4.73/hour
Many Northern Virginia workers commute to DC for significantly higher wages.
Could This Change?
Requirements for local control:
- Virginia General Assembly would need to pass legislation
- Allow localities to set higher minimums
- Unlikely under current Republican-controlled legislature
Democratic majorities could:
- Enable local minimum wages
- Allow high-cost areas to exceed state rate
- Create regional wage zones
Employer Compliance Requirements
Virginia employers must follow specific posting and recordkeeping rules.
Posting Requirements
Employers MUST display:
Virginia minimum wage poster in workplace where employees can easily see it:
- Location: Break room, time clock area, employee entrance
- Language: English + Spanish (if Spanish-speaking workers)
- Download: Free PDF from doli.virginia.gov
- Penalty: Fines for non-compliance
Recordkeeping Requirements
Employers must keep for 3 years:
- Employee name, address, SSN
- Date of birth (if under 19)
- Hours worked each day and week
- Regular hourly rate
- Overtime rate
- Gross wages
- Deductions
- Net pay
- Pay period dates
- Tip records (for tipped employees)
Payroll Compliance Checklist
✅ Pay at least $12.77/hour (starting January 1, 2026)
✅ Tipped workers: Ensure tips + $2.13 ≥ $12.77
✅ Overtime: Pay 1.5× after 40 hours/week
✅ Minors: Full minimum wage, follow hour restrictions
✅ Final paychecks: Pay within normal pay period after termination
✅ Post updated minimum wage poster
✅ Keep detailed time records
Penalties for Non-Compliance
| Violation | Penalty |
|---|---|
| Unpaid wages | Back wages + interest |
| Willful violations | Civil penalties up to $1,000/violation |
| Repeat violations | Enhanced penalties, license issues |
| Employee lawsuits | Back pay + damages + attorney fees |
Frequently Asked Questions
What is Virginia's minimum wage in 2026?
Quick Answer: Virginia's minimum wage is $12.77 per hour starting January 1, 2026, which is $5.52 higher than the federal minimum wage of $7.25.
This applies to all employers in Virginia regardless of business size.
What will Virginia's minimum wage be in 2027?
Quick Answer: Virginia's 2027 minimum wage will be announced by October 1, 2026, based on the 2025 Consumer Price Index. It's projected to be $13.00-$13.15/hour assuming 2-3% inflation.
Virginia now adjusts minimum wage automatically each year using CPI-U data from the U.S. Bureau of Labor Statistics.
What happened to Virginia's $15 minimum wage?
Quick Answer: Virginia's plan to reach $15/hour by 2025 was frozen in 2022 by the Republican-controlled legislature. The state now uses CPI adjustments only, growing from $12.77 in 2026.
At current CPI growth rates (2-3% annually), Virginia won't reach $15/hour until approximately 2035 unless new legislation passes.
What is the minimum wage for servers in Virginia?
Quick Answer: Tipped employees in Virginia can be paid $2.13/hour base wage in 2026, but their tips plus base wage must equal at least $12.77/hour. If tips fall short, employers must pay the difference.
This is different from states like Florida minimum wage for tipped workers, which has a higher tipped minimum of $8.98/hour.
Do minors get paid less than minimum wage in Virginia?
Quick Answer: No. Workers under 18 must receive the full $12.77/hour minimum wage in 2026. Virginia does not have a youth wage or training wage.
However, hour restrictions apply to workers under 16 (maximum 3 hours on school days, 8 hours on non-school days).
Is overtime required in Virginia?
Quick Answer: Yes. Non-exempt employees must receive 1.5× their regular hourly rate for all hours worked over 40 in a workweek. At $12.77/hour, overtime is $19.16/hour.
Virginia follows federal Fair Labor Standards Act (FLSA) overtime rules.
Can Virginia cities set higher minimum wages?
Quick Answer: No. Virginia law prevents cities and counties from setting their own minimum wages. All localities follow the state rate of $12.77/hour in 2026.
This is unlike states such as Texas minimum wage, where some cities have attempted local ordinances (though also preempted by state law).
How do I calculate my annual salary at Virginia minimum wage?
Quick Answer: Use this formula: $12.77/hour × hours per week × 52 weeks. For full-time (40 hours/week): $12.77 × 40 × 52 = $26,562/year before taxes.
Use our minimum wage earnings calculator for detailed breakdowns including overtime and tax estimates.
How do I file a complaint if I'm not being paid minimum wage?
Quick Answer: Contact the Virginia Department of Labor and Industry at (804) 786-2706 or laborlaw@doli.virginia.gov within 3 years of the wage violation.
Gather pay stubs, time records, and calculate unpaid wages before filing. Our wage theft calculator can help estimate your recovery.
What is the salary threshold for exempt employees in Virginia?
Quick Answer: $684/week ($35,568/year) in 2026. Employees earning below this must be paid overtime regardless of job duties.
Above this threshold, exemption also requires meeting specific duties tests (executive, administrative, or professional).
Can you live on minimum wage in Virginia?
Quick Answer: It's very difficult. At $12.77/hour full-time, you'll earn $26,562/year before taxes (~$22,578 after taxes). MIT Living Wage Calculator says $17.94/hour is needed for a single adult in Virginia.
Rent alone often exceeds monthly take-home pay in cities like Alexandria and Arlington.
How is Virginia's minimum wage adjusted each year?
Quick Answer: Virginia uses the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Bureau of Labor Statistics. Formula: Current wage × (1 + CPI-U % change) = New wage.
The Virginia Commissioner of Labor announces the new rate by October 1st each year, effective the following January 1st.
What states bordering Virginia have higher minimum wages?
Quick Answer: Maryland ($15.00) and Washington, DC ($17.50) have higher minimum wages than Virginia's $12.77. North Carolina and Pennsylvania follow the federal $7.25 minimum.
Many Northern Virginia workers commute to DC or Maryland for higher wages.
Do employers have to post the minimum wage?
Quick Answer: Yes. Virginia law requires employers to display the official minimum wage poster where employees can easily see it (break rooms, time clock areas).
Download the free poster at doli.virginia.gov. Failure to post can result in fines.
What is the statute of limitations for wage claims in Virginia?
Quick Answer: 3 years from the date wages were due for most wage claims, including unpaid minimum wages, overtime, and tip violations.
File as soon as possible to preserve evidence and witnesses.
Need legal help with wage issues?
Email: admin@bestlawyersinunitedstates.com
