6 minutes read

Minimum Wage in Virginia in 2023

Last Updated on:

09 January 2023
Minimum Wage in Virginia

A "minimum wage" is the lowest hourly amount an employer can legally pay an employee for work done within a given time frame. 

If the occupation or the worker is exempted from this wage obligation under applicable state or federal law, then this rule is not applicable. Otherwise, the minimum wage amount is not negotiable through any agreement between employers or employees. 

The purpose of minimum wage regulations is to ensure that all working individuals, especially those who are economically vulnerable, can earn enough money to get by and support themselves and their families. 

In addition to the Federal Minimum Wage, each U.S. state has its minimum wage law that employers within the state(s) must follow. In this article, we will discuss the minimum wage in Virginia. 

What is the Minimum Wage in Virginia? 

Currently, in 2023, the minimum wage per hour in the state of Virginia is set at $12.00. This is about 1.7 times the federal minimum wage of $7.25 per hour. 

Employers in the state of Virginia are required to pay at least $12.00 per hour to their workers unless either the worker or the job is exempt.

Employees are entitled to be paid the higher of the state minimum and federal minimum wage according to the rules set by the FLSA or Fair Labor Standards Act. Most workers in Virginia are eligible to earn the state's minimum wage as it is higher than the federal minimum wage, with a few exceptions. These exceptions include workers who receive tips, certain students, and workers in certain legally protected professions.

In order to comply with the law in the state of Virginia, all businesses operating within the state are required to display an official Virginia minimum wage poster prominently. This poster is intended to inform employees of the state-mandated minimum wage as well as their rights as employees under Virginia law.

Exemptions

The following groups of workers are exempted from receiving minimum wage in Virginia:

  • Administrative employees, highly compensated employees like white-collar job holders, etc.
  • Individuals working in: farms, summer camps, NGOs, charitable or religious organizations.
  • Taxi drivers, volunteers, and employees working and staying inside rehabs and correctional institutes.
  • Employees enrolled in the same educational institute they are working in.
  • Employees who are not from Virginia, including foreign individuals and individuals from another state.
  • Underaged and minors or anyone under 16.

Virginia Weekly Minimum Wage 

In Virginia, an employee can earn a minimum wage of $480 weekly, given that they work 40 hours per week. 

Virginia Overtime Minimum Wage

Any employee putting in more than 40 hours per week regularly must be paid 1.5 times the applicable minimum wage. So overtime minimum wage in Virginia is $18 hourly.

Certain employees are entitled to overtime pay under the Fair Labor Standards Act (FLSA) for any hours worked more than 40 hours in a workweek just by virtue of being employed in industries that fall under the law's jurisdiction. The overtime protections of the law are also likely to apply to you if you perform manual labor. 

Some occupations are not protected by the law for overtime pay under the Fair Labor Standards Act. According to the FLSA, four categories of white-collar employees are not required to be paid for overtime by their employers. These four categories are;  

  • Employees that are in administrative roles and professionals earning more than $455 weekly.
  • Sales employees not from Virginia.
  • Employees working in IT, agriculture, live-in employees, etc.
  • Employees working in the transportation industry, independent contractors, domestic workers, etc.

Virginia Tipped Minimum Wage

According to the law, employees that receive tips as a part of their job may be paid less than the state or federal minimum wage as long as they earn at least $12 hourly. This is known as subminimum wage. 

What is Sub Minimum Wage in Virginia?

The term "subminimum" implies that companies are allowed to pay workers less than the state or federal hourly minimum wage. Since "subminimum" implies a rate lower than the minimum, this is the case.

According to the law, employers must pay students or part-time workers a minimum of $10.20 per hour. Trainees that are under the age of 20 must be paid a minimum wage of $4.35 per hour by their employers. This is only applicable during the initial 3 months of their employment.

Exemptions

The following 2 categories can receive subminimum wages:

  • Part-time student workers
  • Individuals under training who are below 20 (only applicable for the first 3 months of employment)

How is Virginia's Minimum Wage Different from the Federal Minimum Wage? 

Virginia has a minimum wage of $12 per hour, and no employer can pay less than that unless you and your job are specifically exempt.

The official Virginia minimum wage poster must be prominently displayed in an area where all employees can read it clearly and easily. This mandate is intended to educate workers on their rights and the minimum wage in accordance with Virginia's labor law.

Employers in Virginia are required by Federal law (the Fair Labor Standards Act) and state law (the Virginian Department of Labor and Industry) to prominently display an official State of Virginia minimum wage poster and any other applicable state of Virginia or federal labor code posters. 

Employers in Virginia who fail to display required labor law posters may face legal action.

Who Qualifies for Minimum Wages in Virginia?

The following are qualified for receiving the minimum wage in Virginia:

  • Employees working at small businesses (5 or fewer employees)
  • Employees who do their duties in a private residence
  • Employees in the agricultural and farming industries
  • Volunteers and staff members at non-profits that assist people of all ages who are disabled
  • Tipped employees
  • Employees that are students in college or high school

Historical Change of Minimum Wage in Virginia

Year

Minimum Wage Amount in USD

2023

12.00

2022

11.00

2021

9.50

2020

7.25

2019

7.25

2018

7.25

2017

7.25

2016

7.25

2015

7.25

2014

7.25

2013

7.25

2012

7.25

2011

7.25

2010

7.25

2009

7.25

2008

6.55

2007

5.85

2006

5.15

2005

5.15

2004

5.15

2003

5.15

2002

5.15

2001

5.15

2000

5.15

1999

5.15

1998

5.15

1997

5.15

1996

4.75

1995

4.25

1994

4.25

1993

4.25

1992

4.25

1991

3.65

1990

2.65

1989

2.65

1988

2.65

1987

2.65

1986

2.65

1985

2.65

FAQs

1. What Is COBRA Law?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal statute controlling all employees' health insurance. Under the COBRA law, terminated workers are also eligible to continue receiving benefits, including health insurance, for a period after their employment has been terminated.

2. What Is Mini-COBRA Law?

According to the COBRA laws imposed by the federal government, it only applies to businesses with more than twenty employees on staff. In response to this problem, several states have passed their very own regulations, which are frequently referred to as "mini-COBRAs," and they apply to businesses that have fewer than 20 employees.

3. What Is Mini-COBRA Law in Virginia?

A "mini-COBRA" law is now available for use by Virginia's small businesses, defined as those with fewer than 20 employees. Under this law, employees will remain eligible for health insurance coverage under their employer-sponsored plan for up to a year after their work has ended.

4. What Are Under-20 Wages in Virginia?

Employers in Virginia are permitted to pay employees under the age of 20 a subminimum wage of $4.25 during their first ninety days of employment. There may be additional exemptions from the labor law available to minors in the state of Virginia.

5. What Are Final Paycheck Rules in Virginia?

Employers in the state of Virginia are required by law to pay the final paycheck to any employee whose employment has been discharged or has resigned. This payment must include all previously earned wages and benefits. The laws governing labor and wages in Virginia stipulate that employees are entitled to receive their final paychecks either on the fixed schedule payday or prior to that date.


Josh Evan

Written by:

Josh Evan

Josh Evan is the professional career counselor and career development writer at When Work Works. He loves to see people from this field succeed through initiating the right thing in the right way. He never tells; he shows the way. We appointed John not because of his impressive CV. It was his counseling charisma which stood out of everything. He can implant idea, confidence and productive thoughts into mind almost effortlessly. His pen and mouth both speak for the greater good.


Related Posts:

Minimum Wage in California

Employees may not legally sell their labor for less than the minimum wage, the lowest compensation a business can p...

Minimum Wage in Ohio

The Bureau of Wage & Hour Administration enforces and administers the minimum wage laws in Ohio. According to t...

Minimum Wage in Oregon

In the United States of America, Federal law mandates a minimum wage for workers per hour. Regardless of the compan...