Virginia Predictive Scheduling Rules and Dillon Rule Limits

Virginia has not enacted a predictive or fair workweek scheduling law. Generally applicable wage and hour rules in Title 40.1 govern private employment, including overtime under the Virginia Overtime Wage Act, Code 40.1-29.2. Because Virginia is a Dillon Rule state, localities possess only powers expressly granted by the General Assembly. No enabling legislation authorizes counties or cities to mandate advance schedule notice, predictability pay, or right-to-rest premiums for private employers, leaving such matters to employer policy and applicable collective bargaining agreements.

Without specific scheduling mandates, there are no penalties for schedule changes. However, employers must still pay all owed wages, including overtime, on time. Violations of Code 40.1-29 wage payment rules can trigger treble damage liability and Department of Labor and Industry enforcement.