Employment Law Updates: New Legislation Protecting Virginia Workers Applies Beginning July 1, 2026

On July 1, 2026, several new Virginia laws aimed at strengthening worker protections, promoting pay equity, and protecting worker mobility will take effect for workers across the Commonwealth.

Pay Transparency & Salary History Ban (§ 40.1-28.7:12)

What to Know:

• Beginning July 1, 2026, all job postings and hiring advertisements in Virginia must include a wage or salary range for the position.
• Employers are prohibited from seeking wage or salary history from a job applicant during an application or interview process. This means that employers may not request wage or salary history information from a job applicant, the applicant’s former employer, or a third-party service.

What Employers Can Do:

• Employers can ensure that newly posted job advertisements on any platform, both internally and externally that it includes the range of the wage or salary that the employer expects to pay an applicant for that job.   
• Employers can review public-facing and internal job postings to remove any pay history questions from applications, review any applicable interview guides, and ensure that any recruiters that post job opportunities on the employer’s behalf are aware of the law.

New Protections Against Non-Compete Agreements (§ 40.1-28.7:8)

What to Know:

• Beginning July 1, 2026, Employers are prohibited from requiring health-care workers in Virginia from entering into a non-compete agreement.
  • This prohibition is for any healthcare employee licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work.
  • Employers may not prevent a healthcare provider from informing a patient that they have changed employers or accepting a patient who affirmatively reaches out to the healthcare provider.
• Beginning July 1, 2026, a non-compete agreement may not be enforced against any employee who is laid off without severance benefits.
• Virginia has a longstanding prohibition against requiring employees who earn less than the state average weekly wage, currently $1,507.01 a week, to enter into a non-compete agreement. 

What Employers Can Do:

• Employers can review any non-compete agreements that apply to Virginia employees to ensure compliance.

Penalties for Retaliation Related to Immigration Status (§ 40.1-28.7:13)

What to Know:

• Beginning July 1, 2026, employers will face additional penalties for retaliating against employees based on immigration statutes.  These penalties apply in addition to all employees’ protections against retaliation for reporting wage theft under § 40.1-27.3. 
• All retaliation remains prohibited under § 40.1-27.3. including threats against employees who report wage theft to government officials or supervisors, cooperate with a government wage theft investigation, or engage in other protected activity under Virginia wage laws.

What Employers Can Do:

• Employers should ensure that managers and supervisors receive training on preventing retaliation and ensure that they do threaten or retaliate against employees who come forward to report wage theft.

Emergency Responder Protections (§ 40.1-27.5)

What to Know:

• Beginning July 1, 2026, employers are prohibited from taking adverse action against employees who miss work to serve as voluntary emergency responders during a declared emergency. Employers are not required to pay employees for work missed due to emergency responder duties, but must require employees to use paid sick leave, vacation, other employer-provided paid leave for the absence.

What Employers Can Do:

• Employers can update handbooks and policies to ensure that in the event an employee is a voluntary emergency responder there is a process in place to notify their employer of their service to prevent any adverse actions.

Wage Theft Protections (Chapter 1040, amending various sections of the Code)

What to Know:

• Beginning July 1, 2026, this law establishes a uniform framework for enforcing the Commonwealth’s laws against wage theft, including minimum wage, overtime, anti-misclassification, prevailing wage, and wage payment laws.

What Employers Can Do:

• Employers can re-familiarize themselves with Virginia employment laws and ensure all workers are paid correctly on payday.
• Contact DOLI if you have questions about wage theft prevention and compliance with Virginnia employment laws: laborlaw@doli.virginia.gov or (804) 786-2706.

DOLI will continue to provide additional compliance assistance, guidance, and resources to help employers and workers understand these new requirements. Additional information will be provided on the agency website, https://doli.virginia.gov.

This March, the construction industry and stakeholders are coming together to celebrate Women in Construction Week, a national initiative spearheaded by the National Association of Women in Construction (NAWIC). This year’s theme is “Level Up, Build Strong” which recognizes the achievements of women in the trades and inspires the next generation to pursue careers in construction. Join DOLI in celebrating Women in Construction Week by visiting https://nawic.org/wic-week/. 

At the Virginia Department of Labor and Industry (DOLI), we are proud to join this national celebration and spotlight the women who are helping build the Commonwealth’s infrastructure, economy, and communities. 
 
As of 2024, there were approximately 230,000 workers in the construction industry in Virginia according to the Bureau of Labor Statistics (BLS). Of that total, data from the American Community Survey shows that about 12% of workers in the construction industry were women. 

In Virginia from 2023-2024, 4% of the nonfatal injuries and illnesses that occurred in the private construction industry involved women, but as noted they made up only 12% of construction workers in the state. Overall, female workers made up 44% of nonfatal work-related injuries and illnesses resulting in days missed or job transfer across all private industries in 2023-2024.  

Some of the most common issues faced by women in construction are:

At DOLI, our goal is to ensure safe and healthful workplaces for all Virginians. Through cooperative programs, training and compliance assistance, we work to support employers and employees across the Commonwealth, including those in the construction industry.  

One of the ways we work with our partners to advance safety excellence is through Virginia’s Voluntary Protection Programs (VPP). VPP recognizes employers who go above and beyond regulatory compliance to implement comprehensive safety and health management systems that protect their workforce. 

Among our VPP partners are leaders who embody the spirit of “Level Up, Build Strong” including woman-owned construction companies that demonstrate a strong commitment to worker safety. That’s why we are proud to celebrate one of our VPP partners this Women in Construction Week. 

Spotlight: Women-Owned Construction Companies in VPP BEST Programs: 

Lee Construction Group is a Virginia BEST Level 1 Participant.  

The Lee Construction Group, Inc. traces its roots back to 1939, evolving from a highly skilled father and son team, Bob and Bobby Lee, who built and restored fine and historic homes across Central Virginia under the name R. E. Lee & Son, Inc., to a group of independent businesses engaged in the commercial building construction industry. Our businesses provide the full life cycle of building service. 

We believe every project is a self-portrait of the people who built it. We autograph our work with diligent effort, determination, pride and excellence. We are committed to realizing our clients’ vision with the highest level of construction services in Central Virginia in a culture of continuous improvement that strives for excellence through our founding values –  

Pioneering. Honorable. Professional. 

The Virginia BEST Program (Building Excellence in Safety, Health and Training) is a strategic partnership between the VOSH Program and the Associated General Contractors of Virginia (AGCVA) designed to encourage and recognize AGCVA members who voluntarily implement highly effective safety and health management systems to benefit construction workers and reduce or eliminate injuries, illnesses and fatalities on construction sites in Virginia. All applicants must be in good standing of the Associated General Contractors of Virginia (AGCVA). 

We had the chance to interview Arlene E Lee from Lee Construction Group for this post.  

What inspired you to pursue a career in construction and lead a woman-owned company?  

Like many women in the Industry, I was surrounded by a family business. My pathway is not typical. I accepted leadership after the unexpected passing of my husband, our fourth generation in our five-generation family business. I didn’t work my way up, I came in at the top. Our lives are not always linear, but we take the experiences we learn along the way to meet the moment. 

What does Women in Construction Week mean to you and your team?   

Half of one percent of CEOs, in commercial construction, are women. There are many that are capable but are often overlooked. Shining a light on talent that exists can only be good for the Industry in the long run and create better pathway for women.  

What advice would you give to women considering a career in construction today?  

We need you, your energy, determination, and creativity!  

How do you foster a strong culture of safety and leadership within your organization?  

I know what it’s like to have a loved one leave for work and not come home. I don’t want anyone to ever have to go through that. Safety is the beginning, middle, and end of everything we do. We have a top-down, bottom-up, side-to-side approach involving everyone on our team. This approach has been a key part of our involvement in the Virginia BEST program. The BEST program has been a fantastic tool in focusing our efforts to live into our commitment to each person making it home safe at the end of the day. 

We believe leadership happens at all levels and we include leadership and conflict resolution training at all levels in the organization. One needs to first learn to lead themselves. We foster opportunities for both men and women in all of our leadership programs. This removes barriers women often experience in lack of mentorships or risk of impropriety. 

What accomplishment are you most proud of as a woman-owned construction company?  

I am most proud of the learning culture that is pervasive through our organization. We lean into our founding values of Pioneering. Honorable. Professional. While we are a SWaM* company we have the technology and know-howcomparable to the “Big Boys” but in a whole person and family-focused envelope. It is important to me that people like coming to work. We are intentional about nurturing a culture that both works hard and has fun doing it. 

*SWam is Small, Women-Owned, and Minority-owned Business 

Find out more about DOLI’s cooperative programs at https://doli.virginia.gov/vosh/vpp/. 

Frederick brings more than 35 years of experience advancing worker safety, health, and rights at the local, state, and national levels. Prior to his appointment, he served from 2021 to 2025 as Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor, where he led national OSHA operations and regulatory initiatives.

In 2025, he joined NEXUS HSE, LLC as a Principal, partnering with organizations to design and strengthen industry-leading safety and health programs. His expertise includes developing and improving safety and health management systems and serious injury and fatality prevention programs grounded in human and organizational performance principles. He has also served as a Senior Fellow with the McElhattan Foundation’s Ending Death on the Job Program, which focuses on eliminating workplace hazards that lead to worker fatalities and serious injuries.

Earlier in his career, Frederick spent many years with the United Steelworkers Union as Assistant Director of Health, Safety, and Environment. In that role, he worked directly with workers and employers to reduce injuries and illnesses while strengthening compliance with worker protection laws. 

Frederick holds a Master of Science in Environmental Health and Safety Management from Rochester Institute of Technology and a Bachelor of Science in Environmental Health from Purdue University. He received Purdue University’s Distinguished Alumnus Award in 2022 and the College of Health and Human Sciences Distinguished Alumni Award in 2024.

Pursuant to Va. Code § 40.1-28.7:8, the term “low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Department of Workforce Development and Advancement to include all employees who earn an average of less than $1,507.01 per week. “Low-wage employee” also includes an individual who has independently contracted with another person to perform services independent of an employment relationship and who is compensated for such services by such person at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported, for the preceding year, by the Bureau of Labor Statistics of the U.S. Department of Labor. 

Effective July 1, 2025, a “low-wage employee” also includes an employee who, regardless of average weekly earnings, is entitled to overtime compensation under the provisions of the Fair Labor Standards Act for any hours worked in excess of 40 hours in any one workweek.  

Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.  

Additionally, the section contains a posting requirement for employers which advises,  

“Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.  

For any questions about current wage rates or requirements under the law, please contact the Department’s Division of Labor & Employment Law at laborlaw@doli.virginia.gov. For further information about the 2026 rate’s calculation, please click here.  

The Virginia Department of Labor and Industry (DOLI) is proud to announce the launch of a new brand identity and website (doli.virginia.gov) to enhance the customer experience, marking a significant step in the Agency’s commitment towards public outreach, and accessibility.

This new website has been thoughtfully crafted to enhance customer experience, making it easier for users to find the information they need quickly and efficiently. Whether you are a worker seeking resources, a parent looking to help their child obtain a youth employment certificate, a community member wanting to learn more about our initiatives, our new website is designed to meet your needs. Additionally, the new modern site prioritizes design and navigation, creating better web browsing experience for all stakeholders.

For more information about the Agency’s new brand identity and website, please visit www.doli.virginia.gov or follow us on our official social media channels.

Effective July 30, 2025, 16VAC15-70, Local Government Union Requirements and Employee Protections, has been adopted as a final regulation.  The regulation has been adopted in response to the 2020 legislative change allowing counties, cities, or towns to recognize labor unions pursuant to the adoption of relevant ordinance or resolution. The Virginia Department of Labor and Industry (DOLI) has promulgated this regulation to clarify that the statutes that currently apply to labor union elections, solicitation of union membership, and collection of union dues apply to local government public employers, employees, and labor organizations. The regulation can be reviewed on the Commonwealth Legislative Information System.

DOLI has sent a letter to local government employers currently participating in a collective bargaining agreement advising them of the regulation and the Department’s role in assuring compliance with the law. A copy of the letter can be found here.

About the Agency:

It is the mission of the Virginia Department of Labor and Industry (DOLI) to make Virginia a better place in which to live, work, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace. Additional information about coverage and requirements under the new regulation can be obtained by contacting the Division at laborlaw@doli.virginia.gov.

The Safety and Health Codes Board will hold a public meeting on September 17, 2025 at 10:30 AM at Libbie Mill Public Library (2100 Libbie Lake E Street, Richmond, VA 23230).

OSHA’s Safe + Sound Week is the perfect opportunity for employers around the country to develop and implement a robust safety and health plan for their workplace. The campaign is geared toward both employers looking for a place to start, as well as employers who may already have a safety and health plan but want to gather resources and ideas on how to make their programs even better.

              Visit OSHA’s website for more information: https://www.osha.gov/safeandsound

In 2023, employers in Virginia reported 72,600 nonfatal workplace injuries and illnesses according to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses. That is nearly 200 incidents every single day. The table below demonstrates how work-related injuries, illnesses, and fatalities have affected the commonwealth as of 2023*:  

These preventable work-related injuries and illnesses can be costly to businesses and employees. The National Safety Council estimates that work injury costs totaled $176.5 billion for employers nationally in 2023. This, of course, does not account for the emotional toll these losses create; however, it provides an important starting point for employers to begin to understand just how much a health and safety plan can help them save.

You can visit the National Safety Council’s website to learn more about how much work-related injuries and illnesses are costing your organization: https://injuryfacts.nsc.org/work/costs/work-injury-costs/

Whether you would like resources to improve your safety and health program or help learning where to begin, OSHA’s Safe + Sound Week in combination with the resources we have available to you at the Virginia Department of Labor and Industry (DOLI) will provide great opportunities for Virginia’s employers to create a culture of safety and prevent work related injuries, illnesses, and fatalities.

How to Develop a Safety and Health Plan

If you would like to follow along with OSHA’s Safe + Sound week program, you can download their interactive worksheets at the link below:

https://www.osha.gov/safeandsound/safety-and-health-programs

These worksheets help provide a framework for beginning your journey to creating a strong safety and health program by giving you a step-by-step guide with action items for your team. The worksheets cover the following topics:

• Build your case for a safety and health program
• Write a safety and health policy
• Share your safety and health policy
• Define program goals
• Commit to reaching your program goals
• Define the resources you need
• Allocate Resources
• Assign roles and responsibilities for achieving program goals

Another important tool for creating a culture of safety and health is communication. For discussion topics related to safety and health, please visit our website to find important resources for starting conversations in your workplace regarding health and safety hazards:

https://doli.virginia.gov/safety-health-hazard-topics

Benefits of Creating a Strong Safety and Health Plan

Developing a strategic and effective safety and health plan has a multitude of positive outcomes for your workplace:

Investing in a safe workplace is a team effort. The best way to ensure that a safety and health plan is successful is to incorporate participation at the management and worker level. Creating a strong safety and health plan can strengthen your workplace culture and encourage communication and teamwork.

Resources and Next Steps

At DOLI we have a variety of resources to help you with your journey to a safe and healthy work environment.

DOLI provides free Virginia Occupational Safety and Health (VOSH) Consultation services to help small Virginia employers with less than 250 employees better understand and voluntarily comply with the VOSH standards. Our experienced consultants provide customized occupational safety and health training based on your business needs. This training can be formal or informal, and delivered right at your site. Visit our website for more information:

https://doli.virginia.gov/consultation_services

The Voluntary Protection Program (VPP) provides employers with the opportunity to collaborate with us to create a program that meets health and safety criteria compliant with VOSH standards. There are several branches within VPP which offer recognition for companies meeting and exceeding the VOSH standards as well as process programs that give employers a detailed guide as to how to create and maintain a strong safety and health plan. Visit our website for more information:

https://doli.virginia.gov/voluntary-protection-program

What if?:           

                                       

What if you could go your whole career injury free? DOLI’s ‘What IF?’ campaign aims to demonstrate that an injury free workplace is possible through a cultural shift and developing a proactive attitude. By envisioning a workforce in Virginia that prevents work related injuries and illnesses before they happen, we are encouraging employers to embody that reality by implementing safety and health habits in their organizations.

https://doli.virginia.gov/what-if

Using these resources along with OSHA’s Safe + Sound Week guides and activities will allow your team to strengthen and develop your safety and health plan. OSHA has several standalone activities for employers and workers to participate in as part of Safe + Sound Week:

https://www.osha.gov/safeandsound/activities

Tag Us!

Is your team participating in Safe + Sound Week? Be sure to print your certificate on OSHA’s website and take a picture with your team. Tag us on social media for a chance to be featured on our What If? campaign page!

Facebook: https://www.facebook.com/people/Cooperative-Programs/61567020269937/

Instagram: @worksafeva

X: @worksafeva

LinkedIn: https://www.linkedin.com/company/worksafeva

RICHMOND – The Virginia Department of Labor and Industry (DOLI) announces that the Virginia minimum wage rate will increase to $12.77 effective January 1, 2026, in accordance with Virginia law. All Virginia employers must pay covered employees at a rate not less than the minimum wage.

“Virginia’s Minimum Wage Act allows for gradual adjustment of the minimum wage rate in response to economic conditions.” said DOLI Commissioner Gary G. Pan. “The new minimum wage will ensure the Commonwealth remains the leading destination for businesses and job seekers alike.”

Under Virginia law, the Commissioner of the Department of Labor and Industry has the duty to establish an adjusted state hourly minimum wage annually. The new minimum wage is calculated by adding the current minimum wage to the product of the current minimum wage and percentage increase of the United States Average Consumer Price Index, as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The current minimum wage rate for 2025 is $12.41. According to the U.S. Department of Labor Bureau of Labor Statistics, the 2024 percentage increase in the Consumer Price Index for all items, all urban consumers (CPI-U), is 2.9%. Therefore, the new adjusted state hourly minimum wage is $12.77 ($12.41 + [$12.41 x .029] = $12.77).  The Virginia adjusted state hourly minimum wage rate for January 1, 2026 until January 1, 2027 is $12.77. This calculation will continue to be used for annual minimum wage rate adjustments.

The minimum wage applies to most employees in Virginia, including full-time, part-time, and temporary workers. However, certain exemptions exist, such as for some seasonal and job-specific categories. Under the Fair Labor Standards Act, an employer may pay a tipped employee no less than $2.13 per hour, but their total earnings (the combination of wages and tips received) must meet Virginia’s minimum wage rate. For more information about the minimum wage increase and Virginia’s minimum wage laws, visit: www.doli.virginia.gov.

DOLI sent a letter to business groups in Virginia, to provide notification of the increase, and a copy of the letter can be found here.