Virginia Code 40.1-28.10 sets a statewide minimum wage that exceeds the federal floor and preempts localities from establishing their own higher minimum wage rates for private sector workers.
Virginia's minimum wage is set by Code 40.1-28.10. After phased increases, the rate reached $12 per hour in 2023 and is scheduled to rise to $13.50 in January 2025 and $15 in January 2026, subject to General Assembly reenactment. Tipped employees follow the federal tip credit framework. The state law occupies the field, preempting local governments from setting different minimum wages for private employers, though localities may set wages for their own public employees and contractors.
Employers paying less than the state minimum face liability for unpaid wages, plus 8% interest, and may owe an additional amount equal to triple the unpaid wages and reasonable attorney fees in civil actions under Code 40.1-29. Willful violations may be prosecuted as misdemeanors.
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See how Newport News's minimum wage preemption rules stack up against other locations.
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