Virginia 2026 Employment Law Update

Just a few years ago, the Commonwealth of Virginia had very few laws providing employee rights. Things have certainly changed. In 2020, three laws were passed by the Virginia General Assembly and signed into law — the Virginia Values Act, the Pregnant Workers Fairness Act (PWFA), and the CROWN Act. These laws codified state civil rights protections for the first time for Virginians and made Virginia the first state in the south to extend state nondiscrimination laws to all members of the LGBTQ community. 

The momentum has continued. Below is a summary of the major employment laws passed and signed in Virginia in 2026, with a focus on the new compliance obligations employers need to understand. Governor Abigail Spanberger signed the first wave of bills on April 13, 2026, with most changes taking effect July 1, 2026, or later. The 2026 session has been described as one of the most consequential in years for Virginia employment law.

Pay Transparency & Salary History Ban (SB 215 / HB 636)

• Effective: July 1, 2026

• This law prohibits employers from seeking or relying on a prospective employee's wage or salary history in hiring or compensation decisions, and from retaliating against candidates who decline to provide it. Employers must now disclose the wage, salary, or pay range in all public and internal job postings, and posted ranges must be set in "good faith." Employers may receive a 15-business-day cure window for posting violations upon written notice. The Virginia Attorney General may seek penalties of up to $1,000 for a first violation and $5,000 for subsequent violations, and employees have a private right of action.

Non-Compete Restrictions Expanded (SB 170)

• Effective: July 1, 2026

• Virginia law now voids any new non-compete agreement where an employer terminates an employee without cause and without providing severance or other monetary payment. Employers must disclose the severance obligation at the time the non-compete is signed. Any employer violating the statute faces a $10,000 civil penalty per violation. The law applies only to agreements entered, amended, or renewed on or after July 1, 2026.

Non-Compete Ban for Health Care Professionals (SB 128 / HB 627)

• Effective: July 1, 2026

• This law prohibits employers from entering into non-compete agreements with "health care professionals," defined as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. Non-solicitation provisions remain valid but are strictly construed, and non-disclosure and trade secret clauses are expressly preserved. Employers may still seek repayment of recruitment-related costs for professionals employed fewer than five years.

Virginia Human Rights Act Expanded (SB 637 / HB 925)

• Effective: July 1, 2026

• The VHRA was amended in three significant ways: the deadline for employees to file a discrimination complaint with the Office of Civil Rights is extended from 300 days to two years; the definition of "employer" is expanded so that nondiscrimination provisions now apply to employers with five or more employees (previously 15 or more); and aggrieved persons may file a civil action if 180 days have passed since filing a complaint, regardless of whether it was filed with the Office of Civil Rights or a local human rights commission.

Wage and Hour Amendments — Omnibus Bill (HB 238)

• Effective: July 1, 2026

• This omnibus bill standardizes damages and statutes of limitations across wage claims, which previously differed depending on the nature of the claim. Claims for minimum wage violations, overtime violations, and misclassification of independent contractors now provide for identical damages.

Child Labor Law Updates (SB 10 / HB 275)

• Effective: July 1, 2026

• This law maintains the existing prohibition on individuals under 18 working in occupations deemed hazardous by Virginia's Commissioner of Labor and Industry, and also adds a prohibition on working in occupations deemed hazardous by the U.S. Secretary of Labor.

Paid Family and Medical Leave Program (SB 2 / HB 1207)

• Signed: May 11, 2026 | Benefits begin: 2028

• Governor Spanberger signed landmark legislation creating Virginia's first paid family and medical leave program — making Virginia the first state in the South to do so. The law covers more than three million workers and allows employees to take up to 12 weeks of paid leave to address serious health needs for themselves or a family member, including parental leave. The program is payroll-funded, with contributions split between employers and employees. Workers receive approximately 80 percent of their average weekly wage, capped at 100 percent of the statewide average weekly wage. Businesses with fewer than 10 employees are exempt from paying the employer share of the payroll deduction.

Statewide Paid Sick Leave (HB — signed May 20, 2026)

• Signed: May 20, 2026 | Effective: July 1, 2027

• Governor Spanberger signed legislation creating a statewide paid sick leave program, ensuring that more than one million workers who previously lacked access to paid sick days can take care of themselves and their families without sacrificing their wages. The law requires employers to provide workers with one hour of paid sick leave for every 30 hours worked — up to five paid sick days per year — and extends protections to both full-time and part-time employees.

Emergency Responder Retaliation Protection (SB 100)

• Effective: July 1, 2026

• This law prohibits employers from retaliating against employees who are absent from work because they are voluntary emergency responders actively responding to an emergency.

Key Takeaways for Employers

The July 1, 2026 deadline is the most immediate compliance target, requiring updates to job postings (pay ranges), employment agreements (non-competes), and hiring practices (salary history). The paid sick leave and PFML programs require longer-term preparation for 2027 and 2028 rollouts, respectively. Employers should review employment agreements, restrictive covenants, application materials, and policies, and ensure that managers and HR professionals are trained on these new laws.