Virginia Statewide Rule
Virginia Minimum Wage Statewide Standard Under Code 40.1-28.10
Key Facts
- Governing law
- Va. Code § 40.1-28.10
- 2026 rate
- $12.77 per hour
- Scheduled increases
- $13.75 (2027), $15.00 (2028)
- Tipped wage
- Follows federal tip credit
- Local authority
- Preempted for private wages
Summary
Virginia's minimum wage under Code § 40.1-28.10 is $12.77 per hour in 2026, rising to $13.75 on January 1, 2027 and $15.00 on January 1, 2028. The state rate preempts localities from setting their own private-sector minimum wage.
B. From January 1, 2026, until January 1, 2027, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage. C. From January 1, 2027, until January 1, 2028, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $13.75 per hour or (ii) the federal minimum wage.
Full Breakdown
Code § 40.1-28.10 sets Virginia's minimum wage. The rate is $12.77 per hour effective January 1, 2026, increasing to $13.75 on January 1, 2027 and $15.00 on January 1, 2028; beginning January 1, 2029 the Commissioner sets an annual inflation-adjusted rate. Tipped employees follow the federal tip-credit framework. The statute occupies the field, preempting local governments from setting a different minimum wage for private employers, though localities may pay their own employees and contractors more.
Violations & Penalties
Employers paying below the state minimum owe unpaid wages plus 8% interest, and may owe triple the unpaid wages and reasonable attorney fees under Code § 40.1-29. Willful violations may be prosecuted as misdemeanors.
Frequently Asked Questions
Can Arlington or Richmond set a higher minimum wage?
What happens if my employer pays below minimum wage?
Sources
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