Virginia 2026 Legislative Session End

Virginia has completed its 2026 legislative session, which proved to be an especially active year for labor and employment law developments. Highlights from the session, including legislation that may affect employer posting requirements, are summarized below:

VA H 1/S 1: Minimum Wage

The law increases the minimum wage rate as follows:

• Effective January 1, 2027 – $13.75 per hour
• Effective January 1, 2028 – $15.00 per hour
• Effective January 1, 2029, and each year thereafter – adjusted based on increases in the Consumer Price Index (CPI).

The law takes effect July 1, 2026.

VA H 373/S 248: Food Allergy Awareness Notice

The law requires restaurants to post in a conspicuous location accessible to employees a food allergy awareness notice to be developed by the Health Commissioner informing employees of:

1. The procedures to be followed if a customer informs staff of a food allergy;
2. Any procedures to be followed to prevent cross-contact; and
3. The procedures to be followed if a customer has an allergic reaction.

The notice must be posted in the languages spoken by each employee. Restaurants must also include the phrase, “If you have a food allergy, please notify us,” on menus or conspicuously posted signs, and on menus posted on restaurant websites. The law takes effect July 1, 2026.

VA S 170: Protection of Employees

The law expands the restrictions on noncompete agreements between employers and employees by making them unenforceable if an employer discharges an employee without providing severance benefits or other monetary payment, except when the discharge is for cause. It also expands the civil action provision to allow any employee, not just low-wage employees, to sue a former employer or other person attempting to enforce an unlawful covenant not to compete. The law takes effect July 1, 2026.

VA S 128: Health Care Professionals

The law broadens the prohibition on noncompete agreements to include those between employers and health care professionals. Health care professional includes persons licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The law takes effect July 1, 2026.

VA S 637/H 925: Virginia Human Rights Act

The law amends the Human Rights Act to cover employers with 5 or more employees (previously 15), and increases the statute of limitations on unlawful discrimination complaints to 2 years from the date of the alleged discriminatory practice. The law takes effect July 1, 2026.

VA H 636/S 215: Salary Range Transparency

The law requires all employers to include wage or salary ranges in all job postings and to set wage or salary ranges in good faith. The law prohibits employers from seeking or relying on a job applicant’s wage or salary history when making hiring decisions, and prohibits employers from retaliating against current or prospective employees for not providing wage or salary history or for requesting wage or salary information. The law does not prohibit an employer from relying on wage or salary history voluntarily provided by an applicant to negotiate a wage or salary higher than initially offered. The law gives employers 15 days to correct a deficient job posting upon notice from an applicant before the applicant can file a civil action for the violation. The law takes effect July 1, 2026.

VA S 199: Paid Sick Leave

The law creates a new requirement for Virginia employers to provide employees with paid sick leave. The law will take effect in 3 phases:

1. July 1, 2027 – Employers with at least 50 employees
2. January 1, 2028 – Employers with at least 25 employees
3. January 1, 2929 – Employers with at least one employee

Key provisions of the new law include the following:

• Employees accrue one hour of paid sick leave for every 30 hours worked. Unused accrued leave carries over to the following year.
• Employees may use up to 40 hours of accrued sick leave per year unless the employer sets a higher limit.
• Employers that frontload 40 hours of paid sick leave at the beginning of the year will be considered compliant with the accrual provisions.
• Employers with existing paid time off policies or collective bargaining agreements that provide leave meeting the law’s requirements will not be required to provide additional sick leave.
• Employees must request leave in writing and provide at least one week’s advance notice when the need for leave is foreseeable.
• Paid sick leave may be used for:
  • The employee’s own illness, injury, or health condition, including diagnosis, treatment, and preventive medical care;
  • Caring for a family member with illness, injury, or health condition, including diagnosis, treatment, and preventive medical care; or
  • Obtaining medical care, victim services, taking other safety-related measures related to domestic violence, sexual assault, or stalking.
• Employers:
  • May require documentation for absences of 3 or more consecutive days
  • May adopt more generous paid sick leave policies
  • Must maintain records of accrued and used sick leave for 3 years
  • Must display a workplace posting and provide written notice informing employees of their rights under the law
  • May not discriminate or retaliate against employees for exercising their rights.
• Employees who believe their rights have been violated may file a complaint with VDOL or a civil action against the employer within one year of the violation.

The first phase of the law takes effect July 1, 2027.

VA S 2/ H 1207: Paid Family and Medical Leave Insurance Program

The law requires establishment of a paid family and medical leave insurance program by January 1, 2028. Funding will begin through employer and employee contributions starting April 1, 2028, with benefits available beginning December 1, 2028.

Eligible employees can receive up to 12 weeks of job-protected leave benefits for the following reasons:

1. The birth, adoption, or foster placement of a new child;
2. Caring for a family member with a serious health condition;
3. The employee’s own a serious health condition that prevents them from working;
4. Caring for a family member or next of kin in the Armed Forces with a serious health condition;
5. A qualifying exigency arising from a family member’s active military duty; or
6. Obtaining services and taking safety-related measures due to domestic violence, harassment, sexual assault, or stalking.

Under the program, wage replacement benefits will equal 80% of an employee’s wages, up to a set maximum. Leave can be taken intermittently or reduced leave schedule. Employees will be required to provide advance notice of the need for leave and continue paying their share for benefits during leave. Leave rights cannot be diminished by a collective bargaining agreement. The law protects employees exercising their rights from retaliation or discrimination.

Additionally, employers must provide notice of leave rights to employees upon hire, when leave is requested, or when they have notice of a qualifying need for leave. Employers must also display a workplace poster informing employees of the program in English, Spanish, and any language spoken by at least 5% of the workforce. Program rules are expected by April 1, 2028.

VA H 675: Anti-Retaliation Protections for Employees

The law prohibits employers from discharging, disciplining, discriminating against, using coercion, or threatening employees for engaging in protected activities or exercising rights under Title 41.1, Chapter 3 (Protection of Employees) or Chapter 5 (Child Labor). Employees may file complaints with the Commissioner within 90 days of alleged coercive action or threat. The law takes effect July 1, 2026.

VA S 100: Protection of Employees

The law prohibits employers from discharging, disciplining, or discriminating against employees who miss work while serving as volunteer emergency responders. Employees are required to give at least one hour notice before their scheduled shift and provide documentation upon their return. Missed work time is unpaid, but employees may use accrued paid leave. The law takes effect July 1, 2026.

VA S 121/H 20: Minimum Wage

The law removes farm laborers and farm employees from the list of workers who are excluded from minimum wage protections under Virginia law. The law takes effect January 1, 2027.

VA H 1092: Protection of Employees

The law requires the Virginia Safety and Health Codes Board to adopt by May 1, 2028, regulations establishing standards to protect workers from heat illness during indoor and outdoor work. The law takes effect July 1, 2026.