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.