Virginia state law sets the minimum wage at $12 per hour rising to $13.50 in 2025 under VA Code Section 40.1-28.10, and counties including Fairfax cannot enact higher local minimum wages under Dillon's Rule.
Virginia's 2020 minimum wage law codified at VA Code Section 40.1-28.10 raised the state floor on a fixed schedule, reaching $12 per hour by 2023 and $13.50 in 2025, with future indexing pending legislative review. Fairfax County, like all Virginia localities, lacks authority under Dillon's Rule to set a higher local minimum wage for private employers. The county can pay more to its own employees and may require higher wages of its service contractors through the Living Wage Ordinance, but private workplace minimums are state-controlled. Tipped-wage rules also follow state law.
Paying below the state minimum exposes employers to back wages, liquidated damages, and Virginia Department of Labor enforcement actions.
See how Herndon's minimum wage preemption rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.