Local Government Union Requirements and Employee Protections

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.

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.

About the Virginia Department of Labor and Industry

DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Law. DOLI strives to make Virginia a better place in which to live, work, and conduct business. 

DOLI’s Division of Labor and Employment Law is hosting virtual Youth Employment Compliance Training Sessions for Restaurants. The sessions will be held on June 12, 2025 and June 26, 2025 at 11 AM & 2 PM.

Join us to learn best practices for employing 14 and 15 year old employees in restaurant occupations. Topics of discussion include youth employment certificates, hours restrictions, permissible/prohibited/hazardous duties, and a Q&A with DOLI’s child labor law experts.

Registration is free and required. Register online at: bit.ly/43H6jP5.

Event Flyer

Effective July 1, 2025, legislation passed by the General Assembly during the 2025 session will go into effect.

Work-Study Programs for Children Aged Sixteen Years or Older

House Bill 1667/Senate Bill 1228 further allows children aged 16 years or older to work in barbershops or cosmetology salons under certain circumstances.

Under § 40.1-100 Code of Virginia, certain employment for youth employees is prohibited or limited. Included in these limitations is the prohibition of any child under eighteen years of age from performing work “in any capacity in preparing any composition in which dangerous or poisonous chemicals are used.” This law allows children aged 16 years or older, employed under a valid work-training program or holding a cosmetology or barber license from the Board for Barbers and Cosmetology, to work in barbershops or cosmetology salons. These exemptions further expand an initial exemption enacted in 2023 which allows for children aged 16 years or older to work in barbershops or cosmetology salons as part of a registered apprenticeship program.

Information about regulation and licensure under the Board for Barbers and Cosmetology can be obtained by contacting the Board Office at (804) 367-8590.

Protections for Children Engaged in Content Creation

House Bill 2401/Senate Bill 998 creates specific protections for children under 16 years of age who are engaged in the work of content creation.

This legislation amends Code of Virginia  §§ 40.1-2, 40.1-79.01, and 40.1-80.1 and establishes Code of Virginia §§ 40.1-109.1 and 109.2. Under the law, content creators whose content regularly involves a child, or their likeness, must maintain records related to the child’s appearance in the content and the compensation generated from it. A percentage of gross earnings on any content involving a qualifying child must also be set aside into a trust account accessible to that child once they reach 18 years of age. Children involved in content creation are also prohibited from being exposed to any hazards capable of causing serious harm or using any hazardous equipment, and must be under the direct supervision of an adult who ensures compliance with all applicable safety requirements.

Expansion of Prohibition of Non-Compete Agreements for Low Wage Workers

Senate Bill 1218 expands Virginia’s laws on covenants not to compete by amending Code of Virginia § 40.1-28.7:8.

Under Code of Virginia § 40.1-28.7:8, an employer may not enter into, enforce, or threaten to enforce a covenant not to compete with any low-wage employee, defined as an employee whose average weekly earnings are less than the average weekly wage of the Commonwealth or an independent contractor whose hourly rate is less than the median hourly wage for the Commonwealth as reported by the Bureau of Labor Statistics.

This law further expands the definition of “low-wage employee” to include any employee who, regardless of average weekly earnings, is entitled to overtime compensation under the provisions of 29 U.S.C. § 207, i.e., the Fair Labor Standards Act. This expanded coverage does not apply to contracts, covenants, or agreements entered into prior to July 1, 2025.

As this law extends noncompete prohibitions to a new category of workers, DOLI strongly encourages employers who use noncompete agreements to review the updated statute and ensure that all covenants they enter into on or after July 1, 2025, are compliant with the law. Information about overtime coverage and exemptions can be obtained by contacting the United States Department of Labor Wage and Hour Division at (866) 487-9243 or by visiting https://www.dol.gov/agencies/whd

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 legislation can be obtained by contacting the Division at laborlaw@doli.virginia.gov.

DOLI’s Division of Labor and Employment Law is hosting virtual Youth Employment Information Sessions for Pool Operators. The sessions will be held on March 20, 2025 and April 3, 2025 at 10 AM & 1 PM.

Join us to learn best practices for employing 14 and 15 year old employees at pools and waterparks. Topics of discussion include recordkeeping requirements, hours restrictions, permissible/prohibited duties, and Q&A with DOLI’s child labor law experts.

Registration is free and required. Register online at: bit.ly/4kJljTZ.

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 $1,463.10 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.

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 Labor & Employment Law Division at laborlaw@doli.virginia.gov. For further information about the 2025 rate’s calculation, please click here.

RICHMOND, VA – The Department of Labor and Industry (DOLI) is pleased to announce the launch of a new modern electronic system streamlining the issuance of Youth Employment Certificates. The new system modernizes the three-step process to allow youth workers, their parents, and the employers to request a certificate in a matter of minutes, without delay or the need for a paper application.

“This launch represents another important milestone for DOLI.” said Gary G. Pan, DOLI Commissioner. “This system marks an achievement in modernization for the Agency and supports the Governor’s initiative to introduce the next generation of workers to the Commonwealth of Virginia’s workforce and economy.”

In Virginia, all youth workers, ages 14 and 15, are required to obtain an Employment Certificate prior to performing any work.  When a youth worker receives a job offer, they can go online to initiate their certificate application. Once completed, the potential employer will verify the information and enter information about the worker’s job duties. Lastly, the worker’s parents or legal guardian will approve the employment, and the application will be forwarded to DOLI for approval.

This innovative system is part of DOLI’s ongoing commitment to improving services and accessibility for all businesses and employees, making it easier for individuals to obtain required certifications and report wage-related issues.  This marks the first-time youth employment opportunities have been integrated into an online portal.

To access DOLI’s online portal, please visit: selfserviceportal.doli.virginia.gov

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 work, live, 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 can be obtained by contacting the Division of Labor and Employment Law at (804) 786-2706 or at laborlaw@doli.virginia.gov.

During the 2020 Regular Session, the General Assembly reenacted the Virginia Minimum Wage Act. The new statute stated the Commissioner of Labor and Industry shall establish the adjusted state hourly minimum wage by October 1, 2024, to take effect on January 1, 2025, and then annually thereafter, if the General Assembly did not reenact scheduled increases to the minimum wage rates.

Accordingly, it is the duty of the Commissioner of the Virginia Department of Labor and Industry (DOLI) to establish the adjusted state hourly minimum wage effective January 1, 2025. Pursuant to the Virginia Minimum Wage Act, the adjusted minimum wage rate shall be a sum of the current minimum wage rate ($12.00 per hour) and a percentage of the current minimum wage rate equal to the change in Consumer Price Index for all items, all urban consumers (CPI-U) for the most recent calendar year, as calculated and published by the United States Bureau of Labor Statistics. The U.S. Bureau of Labor Statistics defines the Consumer Price Index as “a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services.”

In December 2023, the U.S. Bureau of Labor Statistics published an annual increase in CPI-U of 3.4%. Effectually, the nondiscretionary formula for adjusting the Virginia minimum wage rate is $12.00 + ($12.00 x .034). This calculation equals $12.41. This adjusted rate will be in effect from January 1, 2025 to January 1, 2026.

For the period of January 1, 2025, until January 1, 2026, the established adjusted state hourly minimum wage is $12.41 per hour. Employers must pay all employees covered by the Virginia Minimum Wage Act at a rate not less than the adjusted minimum wage rate.

Annual adjustments to the Virginia minimum wage rate will continue in future years by this same methodology. For questions regarding this calculation or Virginia’s minimum wage laws, please contact the Department of Labor and Industry’s Division of Labor and Employment Law at (804) 786-2706 or laborlaw@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.

DOLI also provides an optional notice, which employers may post for awareness, a copy can be found here.

RICHMOND – Beginning July 1, 2024, the Department of Labor and Industry (DOLI) will increase protections for youth employees as a result of actions from the Virginia General Assembly.

Legislation signed by Governor Glenn Youngkin will protect children in the workplace by increasing penalties for violations of Virginia’s child labor laws. DOLI will also convene a work group to coordinate educational and outreach efforts to inform Virginians of child labor laws.

“Youth employees are the key to the future of Virginia’s workforce and it’s paramount these workers have access to safe and healthy workplaces.” said Secretary of Labor Bryan Slater. “These efforts will keep Virginia as the top place in the nation to live and work, for individuals of all ages.”

The minimum penalty for a violation of child labor laws will increase to $500, with a maximum of $2,500 per violation in most cases. For violations involving the serious injury or fatality of a child, the maximum penalty increases to $25,000. Business owners and parents of youth employees can find more information about Virginia’s child labor laws on DOLI’s website at: www.doli.virginia.gov.

“Last year, there were more than 10,000 youth employees between the ages of 14-15 years old in the Commonwealth,” said DOLI Commissioner Gary Pan. “I thank Delegate Seibold and the General Assembly for passing this legislation to increase workplace safety for all Virginians.”

Additionally, DOLI will be implementing several other legislative changes starting July 1, 2024. These changes will help DOLI fulfill its mission of making Virginia a better place in which to live, work, and conduct business:

• DOLI, in collaboration with the Virginia Department of Veterans Services, will provide an optional workplace poster outlining state and federal resources available to veterans.
• DOLI will assist companies in complying with the Virginia NESHAP Act through training, guidance, and other outreach activities.

About the Virginia Department of Labor and Industry

DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Laws. DOLI strives to make Virginia a better place in which to live, work, and conduct business.

Effective March 13, 2024, 16VAC15-60, sometimes referred to as the “Training Wage” regulation, has been adopted as a final regulation. This regulation, previously enacted as an emergency regulation, expired effective April 30, 2023. Under the regulation, employers in the Commonwealth may temporarily exempt an employee from the Virginia minimum wage (pursuant to § 40.1-28.10 Code of Virginia) and pay a lower training wage while they are participating in an established training program. DOLI’s Labor & Employment Law Division has provided a summary of the regulation and DOLI’s interpretation:

General Rules: The training wage regulation may be implemented by both private and public sector employers in the Commonwealth. To receive the training wage, an employee must be enrolled in an established on-the-job training program for a period not to exceed 90 days. The training wage rate shall be the greater of either the federal minimum wage or 75% of the Virginia minimum wage. (75% of the current Virginia minimum wage is $9.00 per hour.)

Eligible Employees: An employee may only be paid the training wage if there is a reasonable expectation that there will be regular, permanent employment for the trainee upon successful completion of the training program. Seasonal employees and temporary employees are not eligible. The trainee must also have no previous similar or related experience to the occupation for which they are being trained. An employer also cannot hire or utilize an employee being paid the training wage as a means to displace any other workers, such as by reducing hours of other employees, replacing an employee with a trainee, or replacing an approved registered apprenticeship program with trainees.

Training Programs: The training wage may only be offered to trainees in programs which meet certain requirements. The program must involve either formal instruction or on-the-job training which grants the trainee limited responsibilities, performed under supervision. The training program must also describe, in writing, the nature and extent of the instruction and supervision provided. Furthermore, the occupation for which the trainee is receiving training must require a sufficient degree of technical skill to necessitate a learning period. Training programs cannot be solely for the purpose of acquiring manual dexterity and high production speed in repetitive operations. For example, a bakery employing a baking trainee who is learning to use a multitude of equipment and develop the technical skills to produce various goods may pay this trainee the training wage. However, a bakery may not pay the training wage to a bakery clerk trainee who is tasked with using a cash register and preparing customer orders and whose training only entails learning how to quickly assemble and ring up orders.

About the Agency:        

It is the mission of the Virginia Department of Labor and Industry 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, including the training wage regulation. Additional information about coverage and requirements under the new regulation can be obtained by contacting the Division’s Payment of Wage Unit at (804) 786-2706 or at laborlaw@doli.virginia.gov.