Virginia Minimum Wage & Overtime Policy

Minimum wage and overtime compliance policy for Virginia restaurant employees.

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What this document covers

Virginia sets its own minimum wage at $12.41/hr (increasing to $13.50 on January 1, 2026 per VA Code §40.1-28.10), which may exceed the federal rate. This policy documents your compliance with both state and federal wage requirements, overtime calculations, and record-keeping obligations specific to Virginia restaurants.

Key sections included

Current state minimum wage rates
Overtime calculation procedures
Pay frequency requirements
Wage statement (pay stub) requirements
Record-keeping obligations
Tip credit procedures
Complaint and enforcement information

Frequently asked questions

What is the current minimum wage in Virginia?

The current minimum wage in Virginia is $12.41/hr (increasing to $13.50 on January 1, 2026 per VA Code §40.1-28.10). This exceeds or matches the federal minimum of $7.25/hr.

Do I follow state or federal overtime rules?

You must follow whichever law provides greater protection to the employee. Compare Virginia and federal overtime requirements and apply the more favorable standard.

Document details

State: Virginia
Legal basis: Virginia Code Title 40.1 (Labor and Employment); FLSA (29 USC §201)
Enforced by: Virginia Department of Labor and Industry (DOLI)
Penalty for absence: Back wages plus liquidated damages; state-specific penalties under Virginia Code Title 40.1 (Labor and Employment); potential class action liability.
Category: Employment & HR

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