Virginia Labor Law Updates: Minimum Wage, Covenants Not to Compete, and Accommodations for Disability

State Update Overview

Effective May 2021, the Virginia Department of Labor and Industry increased the state minimum wage.

 Virginia Minimum Wage Law

• Increased to $9.50 per hour effective May 1, 2021.

Wage and Hour Exemptions

Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. Virginia labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.

In July 2021, Virginia revised its law prohibiting non-competition agreements with low-wage employees to specify penalties for violators.

Virginia Covenants Not to Compete Law Update

• Plaintiffs shall be entitled to recover reasonable costs and attorney fees from the former employer who attempts to enforce a covenant not to compete.

Also in July 2021, the Virginia Office of Civil Rights published a new poster regarding reasonable accommodations for employees with disabilities.

Virginia Accommodations for Disability Law Update

• Clarification that the law applies to employers with more than five employees for a 20-week period in the current or preceding year.
• A copy of the poster must be provided to any employee who discloses they have a disability.

Virginia Labor Law Poster Update

All businesses within the State of Virginia must post the Minimum Wage, Covenants Not to Compete, and Accommodations for Disability posters along with other state-mandated posting requirements where it is sufficiently accessible and viewable to all employees. This change has been reflected in our Virginia & Federal Labor Law Poster and does require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.

Order the Virginia Labor Law Poster to immediately include this required update.