Virginia MINIMUM WAGES

Virginia State Minimum Wage for 2025

The Virginia Minimum Wage Act states the minimum wage as $12.41 per hour. However, some cities in Virginia have their own minimum wage laws. 

In Virginia, there are no distinctions in minimum wage based on age, unlike some states that allow for a lower rate for young workers. All workers must be paid the state minimum wage unless otherwise exempt. 

Employers can pay tipped employees a minimum wage of $2.13 per hour. If tips don’t bring the total hourly earnings to at least $12, the employer must make up the difference. 

For overtime pay, Virginia follows the Federal Fair Labor Standards Act (FLSA), requiring employers to pay 1.5 times an employee’s regular rate for hours worked over 40 in a workweek. 

The next scheduled raise for Virginia’s minimum wage is expected to bring the rate to $13.50 per hour by January 2026, ultimately raising the minimum wage rates to $15.00 per hour by January 2027. Virginia’s wage rates are subject to review and adjustment based on inflation and economic conditions. 

Minimum Wages in Virginia Cities

All cities of Virginia are aligned with the minimum wage rates of $12.00 per hour and $2.13 per hour for tipped and non-tipped workers respectively. 

Threshold For Employees Exempt

Virginia does not impose state-specific thresholds for exempt employees and follows the FLSA, which requires exempt workers to earn a minimum salary of $1,128 per week ($58,656 annually) effective January 2025.

However, a federal court ruling blocked this increase reverting the minimum salary threshold in 2025 at $684 weekly ($35,568 annually).

Similarly, the salary threshold for Highly Compensated Employees (HCE) is $151,164 in 2025.

When the minimum wage goes up, it can create wage compression, meaning the pay difference between lower-paid non-exempt employees and higher-paid exempt employees shrinks.  

To keep a clear pay distinction based on job roles and responsibilities, employers may feel the need to raise salaries for exempt employees as well. 

Additionally, Virginia prohibits non-compete agreements for overtime eligible employees, protecting the non-exempt workers too.

Historical Data of Virginia Minimum Wages  

In 2020, the Virginia General Assembly passed a law amending Virginia Code §§ 40.1-28.9 and 40.1-28.10. This law set a gradual increase in the minimum wage to $15.00 per hour and aimed to remove certain minimum wage exemptions. 

Virginia adopted its minimum wage laws later than many other states, while its plan for an increase in the current cost of living began in 2020 to address the rising trend of the cost of living in the state. Since then, the state has incrementally raised wages in phases to raise the level of wages to their near cost of living levels for residents. 

Here is a table visualizing the minimum wage rate changes between 1968 and 2023: 

* – Under the FLSA, the two rates shown in 1968, 1970, and 1976 reflect the former multiple-track minimum wage system in effect from 1961 to 1978.

*** – Rates applicable to only women and minors. 

Source: https://www.dol.gov/agencies/whd/state/minimum-wage/history

Exemptions in Minimum Wages of Virginia  

In Virginia, certain employees may be exempt from minimum wage and overtime protections under the FLSA or state guidelines. Exemptions typically include: 

• Farm laborers and farm employees 
• Individuals volunteering or working without an employer-employee relationship in educational, charitable, or nonprofit organizations 
• Caddies on golf courses 
• Traveling or outside salespeople, taxicab drivers, and operators 
• Workers under 18 employed by a parent or legal guardian 
• Individuals confined in penal institutions or state hospitals 
• Employees of summer camps for children 
• Minors under age 16, regardless of employer 
• Persons with disabilities who were paid subminimum wages before July 1, 2023, under federal authorization 
• Students in bona fide educational programs 
• Students under 18, enrolled full-time, working under 20 hours per week 
• Full-time students in work-study or equivalent programs 
• Babysitters working fewer than 10 hours per week 
• Au pairs in the U.S. Department of State Exchange Visitor Program 
• Temporary foreign workers under federal guidelines 
• Any employee exempt from federal minimum wage under the Fair Labor Standards Act