Virginia · updated 2026-10
Virginia Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
Virginia Overtime Wage Act (Va. Code 40.1-29.2, as amended 2022) incorporates the FLSA: same coverage, exemptions and regular-rate method, with state remedies; DOLI enforces overtime from 2026-07-01.
Meal break
Not required
No state law requires a meal break for adult employees in Virginia; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.
Rest breaks
Not required
Virginia law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
Minimum wage
$12.77
$12.77 an hour (since 2026-01-01). Rises to $13.75 on 2027-01-01 and $15.00 on 2028-01-01. Tipped cash wage $2.13 with tip credit up to $12.77.
Virginia time card
| Day | Clock in | Break min | Clock out | Hours |
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Virginia pay and break questions
When does overtime start in Virginia?
Time and a half after 40 hours in a workweek. Virginia Overtime Wage Act (Va. Code 40.1-29.2, as amended 2022) incorporates the FLSA: same coverage, exemptions and regular-rate method, with state remedies; DOLI enforces overtime from 2026-07-01.
Are lunch breaks required in Virginia?
No state law requires a meal break for adult employees in Virginia; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.
Are rest breaks required in Virginia?
Virginia law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in Virginia?
$12.77 an hour (since 2026-01-01). Rises to $13.75 on 2027-01-01 and $15.00 on 2028-01-01. Tipped cash wage $2.13 with tip credit up to $12.77.
Workers under 18 in Virginia
Teens have extra limits on hours and times of day, and may need a work permit. See Virginia teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the Virginia Department of Labor and Industry (DOLI).