A wave of new employment legislation now in force in Virginia places significantly expanded obligations on employers across pay transparency, non-competes, and worker protections.
Virginia’s 2026 legislative session, conducted under newly unified Democratic control of the executive branch and General Assembly, has broadened employer compliance requirements across the entire employment lifecycle.
Most changes discussed here took effect July 1, 2026, with several provisions phasing in gradually over the coming years, giving businesses a window to prepare.
Under HB 636, Virginia now requires employers to disclose wage or salary ranges in all job postings, both internal and external, with compensation ranges required to reflect actual pay scales or budgeted amounts set in good faith.
Enforcement of the pay transparency law includes civil penalties capped at $5,000, with private actions permitted, though collective actions, statutory damages, and attorney’s fees are excluded, and a 15-day cure period applies for posting violations.
A new salary history ban prohibits employers from asking about wage or salary history during hiring decisions, with a limited exception permitting use of voluntarily disclosed history only in higher wage or salary negotiations.
Under SB 170, non-compete agreements are void unless severance benefits or other monetary payment are provided upon termination without cause, and the severance requirement must be disclosed at the time the agreement is signed.
Virginia continues to ban non-competes for low-wage earners earning less than $78,000 annually, and from July 1, 2026, all new or amended non-compete agreements with individuals licensed by boards including Medicine, Nursing, and Psychology are prohibited entirely.
Non-compete agreements are now fully prohibited for healthcare employees licensed or certified by the Boards of Medicine, Nursing, Counseling, Optometry, Psychology, and Social Work, regardless of whether those professionals maintain a clinical practice.
The revised Virginia Human Rights Act, under SB 637, now applies to employers with at least five employees, eliminating the small business exception, and extends the filing window for claims to two years from the previous 300-day limit.
Virginia has enacted statewide paid sick leave requirements under SB 199, applying first to employers with at least 50 employees from July 1, 2027, expanding to employers with at least 25 employees from July 1, 2028, and reaching all employers by July 1, 2029.
Employees will accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours annually, with unused leave required to carry over to the following year.
Virginia’s paid family and medical leave program, established under SB 2 and HB 1207, provides up to 12 weeks of paid leave with benefits of up to 80% of weekly wages, capped at 100% of the state weekly wage, funded through payroll tax contributions.
Virginia’s minimum wage is scheduled to rise from the current $12.77 per hour to $13.75 on January 1, 2027, then to $15 on January 1, 2028, with future annual increases indexed to inflation from 2029 onwards.
For contracts entered on or after July 1, 2026, general contractors and subcontractors are jointly and severally liable for all wages owed to a subcontractor’s employees under both state and federal wage laws.
Volunteer emergency responders have been designated a new protected class under SB 100, meaning employers cannot take adverse action against employees who miss work due to those duties, subject to a one-hour prior notice requirement.