Intro to Virginia Labor Laws

Virginia has enacted “clean slate” legislation that limits how employers can inquire about an applicant's criminal history. As of July 1, 2026, private employers of all sizes are prohibited from requiring applicants to disclose sealed arrests, charges, or convictions at any stage of the hiring process, including on application forms or during interviews. Applicants are legally permitted to withhold information about these sealed records when answering background questions. Limited exceptions to these rules apply to specific roles, such as positions in law enforcement or national security. Employers should work with legal counsel to review and update their job applications, hiring workflows, and background check procedures to ensure compliance.

Effective July 1, 2026, Virginia will restrict employers from enforcing non-compete agreements in certain termination scenarios. The new law prohibits employers from enforcing non-compete agreements against any employee terminated without cause if the employer fails to provide the affected employee with a severance or monetary payment. Severance payments are not required if an employee resigns or is terminated for cause. The law does not apply to agreements signed before its effective date.

Virginia employers should review their for-cause termination definitions and assess any non-compete agreements that could be affected when the law takes effect.

Virginia Governor Glenn Youngkin signed into law an extension of the state’s ban on non-compete agreements to broaden the definition of "low-wage employee." The updated definition includes employees who are non-exempt under the FLSA, regardless of earnings. This significantly narrows the group of employees eligible for non-compete agreements.

Employers should assess current agreements to ensure they do not include employees now classified as low-wage under the amended law.

Virginia has enacted sweeping changes to its wage laws taking effect this summer. First, under Senate Bill 215/House Bill 636, Virginia becomes the latest state to mandate pay transparency. Employers are prohibited from asking applicants about prior salary history and must include a good-faith wage or salary range in all public and internal job postings. Second, under House Bill 1/Senate Bill 1, the state has finalized a multi-year schedule to incrementally lift the state minimum wage. The current minimum wage of $12.77 per hour will remain in place through 2026, rise to $13.75 on January 1, 2027, and reach $15.00 on January 1, 2028. Employers should begin updating their job posting templates and adjusting their multi-year budget projections to prepare for these upcoming shifts.

Virginia is stepping up to protect its healthcare workforce, joining a national movement to address critical issues in the industry. Effective July 1, 2025, certain healthcare employers across the Commonwealth will be required to implement a robust new system for reporting workplace violence incidents. This legislation, codified in House Bill 2269 and Senate Bill 162, underscores Virginia's commitment to improving the safety of those on the front lines of patient care. Further guidance from the Virginia Secretary of Health and Human Resources is anticipated.

Employers should update their handbooks, onboarding, and training programs to ensure compliance with the new reporting structure and need for a non-retaliation policy.

Governor Youngkin has signed HB 1895 into law, which amends Virginia’s existing Nondisclosure Agreement Law to restrict any suspected suppression or concealment of claims of sexual harassment or sexual assault. Nondisclosure, confidentiality, and non-disparagement agreements that denote or exclude these claims for employees or prospective employees will be null and void per this new law.

SB 1040 was also signed into law this winter, which prohibits the use of social security numbers (SSNs) on employee identification badges or cards. Both laws take effect on July 1 of this year. Employers should review any nondisclosure, non-disparagement, and confidentiality agreements and/or employee identification procedures, and update accordingly.