News and
Announcements
Statutory Virginia Minimum Wage Increase Effective January 1, 2025
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.
Youth Employment Information Sessions for Pool Operators – March 20, 2025 & April 3, 2025
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.
Safety and Health Codes Board Meeting – March 19, 2025
The Safety and Health Codes Board will hold a public meeting on March 19, 2025 at 10:30 AM at Libbie Mill Public Library (2100 Libbie Lake E Street, Richmond, VA 23230).
For more information, please visit: https://www.townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=41419
Inaugural Virginia Trench Safety Summit – April 22, 2025
We are excited to announce the 2025 Virginia Trench Safety Summit, scheduled for April 22, 2025, at the Virginia Public Safety Training Center (7093 Broad Neck Road, Hanover, VA 23069).
The Virginia Department of Labor and Industry, under the VOSH Institute for Learning & Outreach (VILO), along with the Virginia Department of Fire Programs and the North American Excavation Shoring Association (NAXSA) are collaborating to provide state-of-the-art excavation and trench safety training and demonstrations to workers and contractors this spring. The Virginia Trench Safety Summit 2025 will kick off with keynote speaker Eric Giguere, sharing his dynamic story of survival after being buried alive in a trench collapse. He shares his experience and perspective in a powerful and compelling story, highlighting key elements of trench safety and rescue. Virginia Occupational Safety and Health (VOSH) staff will provide information on OSHA standard and key updates on trench safety best practices and compliance. The outdoor afternoon sessions include 3 live trench side demonstrations led by industry and safety experts. Demonstrations include hydraulic shoring, proper setting and use of aluminum and steel trench boxes, and a live trench rescue demonstration by the Virginia Department of Fire Programs in partnership with the Henrico County Division of Fire.
Registration is required for this free event, which includes breakfast and lunch. To learn more, please visit: https://www.naxsa.org/page/2025-virginia-trench-safety-summit
This event is key in DOLI VOSH’s mission to promote safe workplaces and employ best practices by creating a culture of Injury Free Careers (What IF?) in the Commonwealth. VILO supports that mission as Virginia’s Center for Excellence in the development of injury and illness free career culture. NAXSA is an OSHA Alliance Program Partner for Safe Trenching and Excavation Operations.
Reminder: Workplace Standards Pertaining to Water Supply and Sanitization
Due to recent winter weather, the City of Richmond and related counties in the Richmond Metro area encountered disruptions in their water supply. This event impacted water provisions and resulted in advisories. Official updates indicate that the City and local counties are working to abate the situation and we understand some water flow has been restored. During this temporary situation, it is important to be mindful of VOSH requirements related to water and sanitization.
The Department of Labor and Industry requires that employers provide potable water in the workplace for drinking, washing, and other personal needs. The water must be readily accessible, and employers cannot require employees to pay for it. 1910.141(b)(1)(i) requires that potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and bathrooms. This applies to the construction industry as well, per 16VAC25-160-10, the construction industry sanitation standard.
Here are some other requirements for drinking water in the workplace:
- Water dispensers: Dispensers must be designed to maintain sanitary conditions, be closable, and have a tap. Water shall not be dipped from containers. Any container used to distribute drinking water shall be clearly marked as to the nature of its contents
- Containers: Open containers like barrels, pails, or tanks are prohibited.
- Drinking cups: Shared drinking cups are prohibited. The water shall be dispensed in single use drinking cups or personal bottles or containers. The use of the common drinking cup is prohibited.
- Temperature: Water should be cool.
- Quantity: There should be enough water to meet the needs of each employee.
- Refilling: Drinking water containers should be refilled daily or more often as needed.
- Cleaning: Drinking water containers should be regularly cleaned and kept covered.
Public Safety Announcement: VOSH announces new initiative to address recent increase in workforce fatalities
RICHMOND – The Department of Labor and Industry has launched a new emphasis initiative aimed at preventing workforce fatalities across Virginia. The initiative, carried out through the Virginia Occupational Safety and Health (VOSH) program, is designed to address the alarming rise in workforce fatalities. The initiative will run from January 2025 to July 2025. Throughout this period, VOSH will publish information to increase awareness and drive more focus on the top contributory hazards that yield workforce fatalities. Although VOSH works each day to prevent these tragic events, over the next several weeks, VOSH personnel will be driving awareness across Virginia and will begin with a heightened focus on work that is being conducted from heights that require fall protection. Should a VOSH Compliance Officer observe this type of work being performed, it is probable an inspection will be conducted. We kindly urge employers and employees alike to implement measures to ensure the safety of all elevated work and adhere to the applicable VOSH standards. VOSH is committed to preventing these serious and avoidable tragedies.
“Over the past few months, VOSH has conducted investigations into several preventable incidents related to a number of occupational hazards and our first focus area will be on fall hazards. These incidents can be mitigated through collaboration between employers and employees to establish and adhere to fall protection safety practices”, said Charles Stiff, CSP, Deputy Commissioner of the Virginia Department of Labor and Industry. “Ultimately, protecting our workforce is a value and as a value, it is everyone’s responsibility to uphold safe work practices and conditions. We believe Virginia’s workforce can work injury-free and it is imperative that our workforce returns home safely each day.”
Falls are one of the leading causes of fatal accidents in the construction industry. In the last two years, falls accounted for more than 30% of workplace fatalities across the Commonwealth of Virginia.
VOSH strongly encourages employers and employees to engage in a Safety Stand Down to STOP and TALK about fall protection. This initiative aims to ensure that every employee has the best opportunity to return home to their loved ones in the same condition as when they started their workday.
What is a Safety Stand Down?
It is a voluntary event where employers can provide the workforce information and awareness to work injury-free by conducting: read more…
Notice of the Average Weekly Wage for 2025
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.
Virginia Department of Labor and Industry Recertifies NIBCO of Virginia as a Voluntary Protection Program ‘STAR’ site
RICHMOND – NIBCO of Virginia, located in Stuarts Draft, has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP). This is the site’s third recertification since 2014.
“We commend the dedication of the staff and management at NIBCO of Virginia for prioritizing workers’ safety and health,” said Virginia Department of Labor and Industry (DOLI) Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”
NIBCO of Virginia facility in Stuarts Draft, Virginia, is one of 37 current participants in the STAR program of public/private sector worksites to achieve and retain this recognition. The approximately 304,000-square-foot facility is the world’s largest producer of pure copper fittings for plumbing, heating, cooling, irrigation, and drainage applications. Currently, there are 460 full-time employees (27 salaried/ 433 hourly), with two contract workers at the site. The plant is one of two NIBCO VPP STAR sites in Virginia and one of five in the United States.
The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.
Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/.
The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources.
Virginia Department of Labor and Industry Recertifies NAES Southampton Power Station as a Voluntary Protection Program ‘STAR’ site
RICHMOND – NAES Southampton Power Station in Franklin, Virginia, has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP). This is the site’s fifth recertification since 2004.
“We commend the dedication of the staff and management at the NAES Southampton Power Station for prioritizing workers’ safety and health,” said Virginia Department of Labor and Industry (DOLI) Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”
NAES Southampton Power Station is one of 35 current participants in Virginia’s VPP STAR Program. The location is owned by Dominion Energy, Inc., operated by NAES Corporation, and has been in continuous commercial operation since 1992. The facility is located on approximately 30 acres and employs 30 workers in Franklin, Virginia. The station produces enough electricity to power approximately 51,000 homes, using biomass as a fuel in the form of wood chips, grindings, and slash as its primary fuel.
The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.
Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/.
The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources.
Suicide Prevention in the Workplace
September is National Suicide Prevention Awareness Month, the perfect opportunity to discuss the ongoing mental health crisis, alarming increase of work-related suicides, and what you can do to help.
In recent years, the Occupational Safety and Health Administration (OSHA) and the Federal Department of Labor have begun to emphasize the importance of addressing mental health in the workplace as key to reducing injury and illness rates among employees. OSHA has noted that recent studies conducted by the Centers for Disease Control and Prevention (CDC) have shown a concerning uptick in suicide rates among working age adults. It can be difficult to discuss mental health in the workplace, as typically that is a space where personal problems are left at the door. However, creating an environment at work where anyone can reach out for help when they are in crisis is necessary to prevent suicides and other long term mental health issues.
In 1999, the National Institute for Occupational Safety and Health (NIOSH) published an educational study which asserts that stressful job conditions, in combination with individual and situational factors, contributes to a higher risk of injury or illness. To this day, NIOSH maintains that job-related stress can lead to poor health and even injury for workers. Reducing job-related stress from the workplace is important in ensuring that everyone has access to a healthy and safe work environment.
To better illustrate how job stress can impact individuals, the CDC reviewed the specific work conditions that can lead to adverse mental health outcomes. The CDC states that the workplace can contain several factors which have been shown to contribute to higher suicide risks among workers. The reduction of these factors may lead to better mental health outcomes for employees:
– Low job security, low pay, and job stress
– Access to lethal means (e.g. the ability to obtain things such as firearms and medications)
– Long working hours
– Workplace bullying
The month of September is National Suicide Awareness month. The effects of suicide can impact individuals in any industry or occupation. There are however, concerning trends that show a higher prevalence of suicide in some occupations than others.
As shown in the data table to the right, these occupations demonstrated the top five highest counts of work-related suicide during the reference year 2022. Transportation and Material Moving workers had the highest count of work-related suicide nationally in 2022. In the Commonwealth of Virginia, Transportation and Material movers made up over 300,000 of the state’s workers in 2023. In total, all of these occupations amounted to 976,810 workers in the commonwealth that year.
This month, we aim to honor those who lost their lives and encourage further education and awareness concerning mental health in the workplace. It’s important to know resources are available to individuals who are struggling and those who want to learn more about how they can help those in need and support their colleagues.
If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat 988lifeline.org to reach the 988 Suicide & Crisis Lifeline.
Virginia Department of Labor and Industry Recertifies the Babcock & Wilcox Company, in Newport News
RICHMOND – The Babcock & Wilcox Company in Newport News, Virginia has received recertification as a Virginia STAR Worksite under the Virginia Occupational Safety and Health (VOSH) Voluntary Protection Programs (VPP).
“We commend the dedication of the staff and management at the Luminant Hopewell Power Plant for prioritizing workers’ safety and health,” said DOLI Commissioner Gary Pan. “This achievement demonstrates their commitment toward keeping workers safe.”
The Babcock & Wilcox Company in Newport News is one of 37 current participants in Virginia’s VPP STAR Program. The facility is part of the Babcock & Wilcox Controls and Electrical Division which designs Electrostatic Precipitator (ESP) Control Systems for worldwide use.
The Virginia VPP recognizes and promotes exceptional safety and health management systems for Virginia’s employers in all industries. In VPP, the participant’s management, workers, and VOSH establish a cooperative relationship that encourages continuous improvement in worksite safety performance.
Acceptance into Virginia’s VPP is confirmation and recognition that an employer has achieved safety and health excellence well above their industry peers. The VOSH VPP administers the Virginia STAR, Virginia Challenge, VADOC Challenge, Virginia BEST, and Virginia BUILT programs. For more information about this program or the other services we offer, visit our website at https://www.doli.virginia.gov/voluntary-protection-program/
The Virginia Occupational Safety and Health (VOSH) program is financed in part by a grant from the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA), under §23(g) of the Occupational Safety and Health Act of 1970. The Virginia State Plan is funded by a grant of federal funds, which constitutes 50% of the State Plan budget excluding any state overmatch funds. Zero percent, or $0.00 of the State Plan budget, is financed through nongovernmental sources.