Payment of Wage/Anti-Retaliation
We Help With
Employment-Related Laws and Regulations
The Divisionโs Payment of Wage Unit investigates complaints concerning unpaid wages in accordance with ยง40.1-29 of the Code of Virginia.ย Investigations may be resolved informally or formally, and final orders for wages and civil penalties may be assessed for non-compliance. In some cases, criminal action may be sought by the Division to gain compliance.
Payment of Wage
NOTE: All claim forms must be physically signed and submitted to the Division via U.S. postal mail. Faxed or emailed forms cannot be accepted! Please mail your completed claim form to the following address:
Virginia Department of Labor and Industry
Division of Labor and Employment Law
600 East Main Street, Suite 207
Richmond, VA 23219
If you cannot print a claim form, you may contact the Payment of Wage Unit and request a paper form.
Claim for Unpaid Wages Form
Complete this claim form if you have not properly been paid wages owed to you by your employer or are not being paid the Virginia minimum wage.
Formulario de Reclamo por Salarios no Pagados
Complete este forumlario si no ha pagado correctamente por su empleador o no se le pagaron el salario mรญnimo de Virginia.
Payment of Wage Retaliation Claim Form
Virginia Code ยง 40.1-33.2 prohibits an employer from retaliating against an employee for filing a Claim for Unpaid Wages with the Department and/or initiating a civil proceeding for unpaid wages.
If you believe you have been affected by an act of retaliation specifically related to filing a wage claim or a civil proceeding, please complete this claim form.
Wage Sharing Retaliation Claim Form
Virginia Code ยง 40.1-28.7:9ย prohibits an employer from retaliating against an employee for inquiring into or sharing information about the employeeโs own wages or other compensation or about any other employeeโs wages or other compensation.
Misclassification Retaliation Claim Form
Virginia Code ยง 40.1-33.1 prohibits an employer from retaliating against an employee for reporting or planning to report to an appropriate authority that they have been misclassified by their employer.
If you believe you have been affected by an act of retaliation specifically related to your classification status, please complete the claim form listed below.
FAQs
What is the minimum wage in Virginia?
The minimum wage is established by the Code of Virginia ยง 40.1-28.10. The law establishes $12.00 per hour as the minimum wage effective January 1, 2023. When an employee is subject to both the federal and state wage laws, the employee is entitled to the higher minimum wage rate.
Are there any workers exempt from the Virginia minimum wage act?
Yes, there are numerous categories of workers who are exempt from the Virginia minimum wage. For a complete list, please refer to ยง 40.1-28.9 Code of Virginia. For questions about whether certain types of employment may meet an exemption from the Virginia minimum wage, please contact the Departmentโs Payment of Wage Unit at (804) 786-2706.
Does the state issue sub-minimum wage certificates?
No, Virginia does not issue sub-minimum wage certificates.
Are farm workers required to receive the Virginia minimum wage?
No, farm laborers or farm workers are exempt from the minimum wage.
Does the department enforce overtime rates?
While ยง 40.1-29.2 Code of Virginia recognizes the same overtime pay provisions as established under the Fair Labor Standards Act, the Department cannot enforce overtime pay issues. Individuals who feel they are owed overtime wages should direct their complaints to the United States Department of Laborโs Wage and Hour Division or pursue private litigation.
How are wages defined in the Wage Act?
Wagesย means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value. Wages includes the reasonable cost to the employer of furnishing meals and lodging to an employee if such board or lodging is customarily furnished by the employer and used by the employee.
Does the Virginia minimum wage act cover public sector workers?
Employees of the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body are covered under the Virginia Minimum Wage Act. The Virginia minimum wage is not binding on the federal government and its component agencies.
What is Virginia's minimum wage for tipped employees?
The minimum wage for tipped employees in Virginia is the same as the minimum wage for all other covered employees. The Department honors the โtip creditโ provisions established under the Fair Labor Standards Act and allows an employer to pay a tipped employee at least $2.13 per hour. However, the combined wage rate plus the tips actually received by the employee must meet the Virginia minimum wage rate. If a tipped employee fails to earn enough tips to reach the Virginia minimum wage rate, the employer must pay them the remaining difference.
Note: The law defines โtipped employeeโ as an employee who in the course of employment customarily and regularly receives tips totaling more than $30.00 each month from persons other than the employeeโs employer.
Does the state issue sub-minimum wage certificates?
No, Virginia does not issue sub-minimum wage certificates.
Does the state require employers to display a minimum wage poster?
Virginia does not require employers to display a poster advising of the Virginia minimum wage. However, should an employer wish to post a notice, the Department provides a Minimum Wage Notice.
Contact Us
Address
Virginia Department of Labor and Industry
Division of Labor and Employment Law
600 East Main Street, Suite 207
Richmond, VA 23219
Phone Number
Office: (804) 786-2706
Fax: (804) 371-4643
Email Address
General Questions:
LaborLaw@doli.virginia.gov