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Virginia requires a written statement of earnings every payday and adjusts its minimum wage for inflation each January — $12.77 for 2026. Its overtime law mirrors the federal standard, and it has no general paid sick leave mandate, though home health workers earn paid sick leave. Its income tax runs from 2% to 5.75%.

It's a general guide, not legal or tax advice. For your specific situation, check the source links below or talk to a licensed payroll, tax, or employment-law professional.

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Is a pay stub required in Virginia?

On each regular pay date, Virginia employers must provide each employee a written statement, by paystub or online accounting, with enough information for the employee to work out how gross and net pay were calculated. Employers must keep these paystubs or online records for at least three years. Agricultural employers (including agribusiness and forestry) only have to provide a statement of gross wages and deductions when an employee asks for one.

Required on every wage statement — Va. Code § 40.1-29(D):
  1. Employer's name and address
  2. Hours worked during the pay period — for employees paid by the hour, or on a salary below the federal FLSA overtime-exemption salary level
  3. Rate of pay
  4. Gross wages earned during the pay period
  5. Amount and purpose of each deduction
Penalty for non-compliance (Va. Code § 40.1-29(F)–(K), (P)): An employer who knowingly fails to pay wages faces a civil penalty of up to $1,000 per violation. Employees can recover unpaid wages plus an equal amount as liquidated damages and 8% annual interest — or triple the wages owed if the employer acted knowingly — along with attorney fees. Willful nonpayment is a Class 1 misdemeanor under $10,000 and a Class 6 felony at $10,000 or more. For actions started on or after July 1, 2026, an employer that acted in good faith and pays the wages within 14 days of notice avoids the additional damages and penalties.

How often must employees be paid?

Employers must set regular pay periods. Salaried employees must be paid at least once a month, and hourly employees at least once every two weeks or twice each month. Executive personnel are exempt, and students in work-study programs and employees earning more than 150% of the state's average weekly wage may be paid monthly if they agree to it.

Source: Va. Code § 40.1-29(B)

Virginia minimum wage

Virginia's minimum wage is adjusted every January 1 for inflation. It rose from $12.41 to $12.77 an hour on January 1, 2026.

$12.77 per hour statewide, effective January 1, 2026Virginia localities do not set their own minimum wages.
  • Tipped employees: a cash wage of at least $2.13 per hour, provided tips bring total pay to the full minimum wage.

Source: Va. Code § 40.1-28.10; Virginia Department of Labor and Industry

Overtime & double time

Virginia requires time and a half for hours over 40 in a workweek. There is no daily overtime rule. Virginia's Overtime Wage Act follows the federal FLSA's coverage and exemptions.

TriggerPay rate
Daily overtimeNo daily overtime rule.
Weekly overtime1.5× the regular rate for hours beyond 40 in a workweek.
7th consecutive workdayNo seventh-consecutive-day rule.

Source: Va. Code § 40.1-29.2 (Virginia Overtime Wage Act)

Meal & rest break requirements

Virginia does not require meal breaks for employees 16 and older. Minors under 16 may not work more than five hours continuously without a 30-minute break.

There is no rest-break requirement for adults. Short breaks of about 5 to 20 minutes that an employer allows are paid time under federal law.

If a break is missed:No premium pay is owed for missed breaks.

Source: Va. Code § 40.1-80.1; 29 C.F.R. §§ 785.18–785.19

Virginia state income tax

Virginia taxes individual income at four graduated rates from 2% to 5.75%. The bracket thresholds have not changed since 1990, so most full-time workers reach the 5.75% top rate. Cities and counties in Virginia do not levy a local income tax.

Virginia Individual Income Tax Rates (all filing statuses)
Taxable incomeRate
$0 – $3,0002%
$3,000 – $5,0003%
$5,000 – $17,0005%
Over $17,0005.75%
The same brackets apply to every filing status. For tax year 2026 the standard deduction is $8,750 for single filers and $17,500 for married couples filing jointly; the 2026 Appropriation Act raises it to $9,200 and $18,400 starting in 2027.

Source: Va. Code § 58.1-320; Virginia Tax — Deductions

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Vacation & paid time off (PTO)

Virginia does not require paid vacation. Whether unused vacation is paid at separation follows the employer's policy or the employment contract.

Vacation pay the employer has promised under its policy can be claimed like other wages due.

"Use-it-or-lose-it" policies:Allowed if the policy says so.
Paid out at termination?Only if the employer's policy or agreement provides for it.

Source: No Virginia vacation statute; terms set by employer policy or contract

Final paycheck rules

When employment ends for any reason, Virginia requires all wages due to be paid on or before the date they would have been paid had the employment continued — in practice, the next regular payday.

SituationFinal wages due
Fired or laid offOn or before the next regular payday
Quits (with or without notice)On or before the next regular payday
Late final pay:Unpaid final wages carry the same remedies as any unpaid wages: liquidated damages equal to the amount owed plus 8% interest, or triple damages if the failure was knowing (Va. Code § 40.1-29(H), (K)).

Source: Va. Code § 40.1-29(B)

Other Virginia payroll taxes employers should know

Virginia has no state disability insurance or paid family leave payroll tax, and nothing besides income tax is withheld from employees' pay. Employers pay state unemployment insurance tax to the Virginia Employment Commission (VEC).

TaxRateNotes
Unemployment Insurance (employer-paid)Experience-rated; new employers start at a 2.5% base rate plus any add-on charges, such as the fund-building charge applied when the trust fund is lowTaxable wage base is the first $8,000 of each employee's wages per year.

Source: Va. Code § 60.2-229(B)(1); Virginia Employment Commission

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Common questions about Virginia pay stubs

What is Virginia's minimum wage in 2026?

$12.77 an hour from January 1, 2026, adjusted for inflation each year. Tipped employees can be paid $2.13 in cash if tips bring them to the full rate.

Does Virginia require paid sick leave?

Only for home health workers, who earn paid sick leave under Va. Code § 40.1-33.3. Other employees get sick time only under the employer's policy.

What must a Virginia pay statement show?

A written or electronic statement of gross wages and the amount and purpose of each deduction, and for hourly employees the hours worked, given every payday.

When is my last paycheck due in Virginia?

On or before the next regular payday, whether you quit or were let go.

Guides that go with this page

Virginia's rules decide what has to appear on the stub. These cover what the figures on it actually mean, wherever you work.

Sources & references

Every figure on this page links back to the primary source below. State and federal payroll rules change — always confirm current-year figures directly with the agency before relying on exact dollar amounts.

  1. Va. Code § 40.1-29 (payment of wages; written statement of earnings; penalties)
  2. Va. Code § 58.1-320 (individual income tax rates)
  3. Virginia Tax — Deductions (standard deduction amounts)
  4. Va. Code § 60.2-229 (unemployment taxable wage base)
  5. Virginia Employment Commission — What factors determine my tax rate?
  6. U.S. DOL — State minimum wages for tipped employees (January 1, 2026)

Last checked: October 2026. See our editorial standards & sources for how these figures are verified.