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Virginia Labor and Employment Law Basics

Learn how to comply with Virginia employment law

By Emmet McMahan
An examination of Virginia labor and employment law basics should include finding ways of protecting your business and employees. The primary goal of labor and employment laws is to equalize the power between employers and employees, who are frequently represented by labor unions.

Virginia labor laws may include both state and federal statutes. Federal laws regulate workers' rights to organize and override most state labor and employment laws. However, federal laws generally do not apply to agricultural workers, domestic employees and employees of local or state governments. There are three general areas of labor and employment law regulated by states:
  1. Union organization; employment law in Virginia provides public employees with limited protections but also may allow public employees to strike under some circumstances.
  2. Regulations on wages and benefits; many states have laws giving a minimum wage that is higher than the federal standard and also provide laws that protect workers excluded by the Fair Labor and Standards Act (FLSA).
  3. Employee discrimination; federal laws cover discrimination of employees on the basis of race, age and certain disabilities. Some states have passed legislation on other types of discrimination, such as marital status or sexual orientation.

 

Learn about labor law in Virginia that regulates minimum wage and overtime

According to Virginia labor law, businesses must pay their employees the greater of the state or federal minimum wage. Overtime laws generally control what an employee should be paid after 40 hours of work in the same week.
Try: The Virginia Department of Labor and Industry provides helpful labor and employment law information, including the current minimum wage and overtime laws in Virginia. Get detailed information about minimum wage requirements in Virginia at FindLaw.

Find out how to display Virginia labor law posters

Virginia labor law posters keep employees informed of their rights and obligations under federal and state labor laws. Employers must display these posters in the workplace in a visible location where they are easy to read.
Try: Labor Law Center provides quick facts and updates on the requirements for displaying labor law posters in Virginia. Learn more about labor law posting requirements and get information about the most recent changes in these laws at J. J. Keller & Associates.

Provide workers' compensation insurance required by state of Virginia labor laws

Workers' compensation insurance protects employees and their families in the event of injury or death of the employee while on the job. Employers also may need to pay for any medical expenses incurred during litigation.
Try: Get detailed information and specific guidance for complying with the Virginia Workers' Compensation Act at Virginia Workers' Compensation Commission. WorkersCompensation.com has a variety of links to statutes and other helpful resources regarding workers' compensation in Virginia.

 

  • Virginia working laws generally have the presumption that workers not covered by an employment agreement are "at will" employees who may be fired without notice or cause. However, these employees may be still be protected under laws that cover specific activities such as organizing unions or whistleblowing.

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