The extension of Emergency Regulation 16VAC15-60. Regulation Governing On-The-Job Training Programs or Other Training Programs expired effective April 30, 2023. With the expiration of this emergency regulation, trainee employees not otherwise exempted from the Virginia minimum wage rate under § 40.1-28.9 Code of Virginia must be paid at a rate not less than the minimum wage rate(s) established under § 40.1-28.10 Code of Virginia Any questions about the expiration of this emergency regulation or about minimum wages in Virginia should be directed to the Department’s Division of Labor and Employment Law at 804-786-2706 or at laborlaw@doli.virginia.gov.

Commissioner Gary G. Pan announced today that Governor Glenn Youngkin has issued a proclamation recognizing April 28, 2023, as Worker Memorial Day in Virginia.

Link to view Guidance Document: OSHA Bulletin No. 12 – Temporary Worker Initiative

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 Employment Commission to include all employees and independent contractors who earn an average of less than $1,343 per week.

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.

Effective January 1, 2023, the Virginia minimum wage will increase to $12.00 per hour. All employees covered by the Virginia Minimum Wage Act must be paid at a rate not less than $12.00 per hour. For a list of employees exempted from the Virginia Minimum Wage Act, please refer to § 40.1-28.9 of the Code of Virginia. Please consult the Department’s Virginia Minimum Wage Law FAQs for further information about the law.

Note that while employers are not required to post notice of the Virginia minimum wage, a notice is available for employers who wish to post this information: Virginia Minimum Wage Act Notice.

Commissioner Gary G. Pan announced today that the Innovative Refrigeration
Systems in Lyndhurst, Virginia, has been certified as a Virginia SHARP Worksite under the Virginia Occupational Safety and Health (VOSH) Safety and Health Achievement Recognition Program (SHARP), the agency’s highest level of recognition for excellence in safety and health management systems for small businesses.