Virginia has enacted the most significant employment legislation in years, and the changes are bound to affect every corner of the workplace. Most of these new Virginia employment laws took effect on July 1, 2026, although several will roll out on delayed timelines stretching into 2027, 2028 and 2029.
The HR Digest breaks down several major new Virginia employment laws in simple terms, what it means for employers, and what HR professionals should do to stay ahead of the curve.
The very definition of employer has now been expanded to include individuals acting in the employer’s interest. This may create personal liability for managers and supervisors in wage disputes.
Pay Transparency and Salary History
According to Virginia’s new rules about pay transparency and salary history, employers will have to amend several changes in the workplace. Key points include:
- Employers may no longer ask job applicants about their current or prior salary. This also include use of salary history to make hiring or pay decisions.
- All job postings (both internal and public) must now include a wage or salary range set in good faith.
- Applicants may voluntarily share their salary history, however, only after receiving an initial compensation offer, and only to support a higher salary.
- Violations of pay transparency and salary history can result in civil penalties of $1,000 up to $5,000 and potential lawsuits by affected applicants.
Limits on non-compete agreements under new Virginia employment laws
Virginia has now placed several restrictions on non-complete agreements.
- If an employer fires an employee without cause, it cannot enforce a non-complete agreement unless the employer provided severance or other monetary payment and disclosed that payment when the non-complete was first signed. This particular piece of law applies only to agreements entered, amended or renewed on or after July 1, 2026.
- Employers in the healthcare sector can no longer require non-compete agreements with licensed health care professionals. This includes those licensed by the Boards of Medicine, Nursing, Optometry, Social Work, Counseling and Psychology.
- Violations of this new Virginia employment law may result in civil penalties of up to $10,000 per occurrence, and affected employees can sue to void non-compliant agreements.
Changes in wage and hour law
Under House Bill 238, Virginia’s wage and hour laws have now changed.
- The very definition of employer has now been expanded to include individuals acting in the employer’s interest. This may create personal liability for managers and supervisors in wage disputes.
- The definition of wages now includes hourly pay, salaries, overtime, commissions, bonuses and tips.
- Employers must retain employee pay stubs or pay records for at least three years.
- As for the statute of limitations for wage claims, it has been extended to three years.
- In the construction industry, contractors and subcontractors now face joint liability for wage violations on projects entered into contracts after July 1, 2026.
Health Illness Projections
Under the new Virginia employment law changes, the Safety and Health Codes Board is set to adopt regulations protecting workers from heat-related illness during both indoor and outdoor work. These set of changes will address access to water, shade, rest periods, training as well as emergency response procedures.
Volunteer Emergency Responder Protections
- Employers may not fire, retaliate or discipline against employees who miss work because they are actively responding to emergencies as volunteer firefighters or emergency medical services professionals.
- Employees do not have to pay employees for the leave, but must allow them to use available paid time off or sick leave.
Virginia Human Rights Act
The Virginia Human Rights Act has now been expanded in important ways.
- Employers with five or more employees are covered (previously 15 or more).
- Employees have two years to file a discrimination compliant with the Office of Civil Rights.
The new Virginia employment laws enacted during the 2026 session represent a massive shift in the state’s regulatory temperature towards employers. With effective dates scattered over a window of three-years, employers cannot afford to tackle these changes reactively. The HR Digest recommends created a phased compliance plan, prioritizing effective date to address policy changes.
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