Virginia

The Virginia Equal Pay Act prohibits an employer from discriminating between employees (within any establishment in which such employees are employed) on the basis of sex by paying wages at a rate less than the rate paid to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility, and which are performed under similar working conditions. Employers covered by the federal Fair Labor Standards Act of 1938, as amended, are exempt.[1]

Affirmative Defenses: To defend against an equal pay claim, employers can assert that the differential is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a differential based on any factor other than sex.[2]

‍Retaliation:  Employers cannot discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee (among other things): (1) reports a violation of any federal or state law or regulation to a supervisor, government body, or law-enforcement official; (2) is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; (3) refuses an employer’s order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or (4) provides information to or testifies before any governmental body or law-enforcement official conduct in an investigation, hearing, or inquiry into any alleged violation by the employer of any federal or state law or regulation.[3]  However, an employee still cannot (among other things): (1) make a disclosure of data otherwise protected by law or any legal privilege; or (2) make a disclosure that would impair the rights of any person to the continued protection of confidentiality of communications provided by common law.[4] A civil action may be filed within one year of the alleged retaliatory action.[5]  

[1] VA Code §40.1-28.6.

[2] VA Code §40.1-28.6.

[3] VA Code §40.1-27.3(A).

[4] VA Code §40.1-27.3(B).

[5] VA Code§ 40.1-27.3(C).

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No. Virginia's law mirrors federal law.

No. Virginia laws do not mandate any form of employer pay disclosure.

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No. Virginia laws do not prohibit employers’ use of salary history in hiring and setting pay.

Yes. The Virginia Pay Transparency Law prohibits an employer from discharging from employment or taking any other retaliatory action against an employee because they: (1) inquired about or discussed with, or disclosed to, another employee any information about the employee’s own wages or other compensation or any other employee’s wages or other compensation; or (2) filed a complaint with the Department of Labor and Industry alleging a violation of the act. However, the law does not apply to employees that have access to the compensation information of other employees or applicants for employment as part of their essential job functions and who disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information (unless the disclosure is in response to a formal complaint or charge; in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer; or consistent with a legal duty to furnish information).[1]    

[1] VA Code §40.1-28.7:9(A).

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No. Virginia law does not require employers to collect, report, or assess gender-based pay data.

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Yes. Minimum wage in Virginia is above the federal minimum wage and is indexed to inflation.[1]

[1] VA Code §40.1-28.10.

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No. Virginia law also allows employers to pay a lower tipped minimum wage such that they are only required to pay employees (who regularly receive tips totaling more than $30 each month) an hourly wage of the full minimum wage less tips the employee actually receives.[1]

[1] VA Code §40.1-28.9(B).

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Yes. The Virginia Wage Payment Act requires employers to establish regular pay periods and rates of pay for all employees except executive personnel. Salaried employees must be paid at least once each month. Hourly employees must generally be paid at least once every two weeks or twice per month.[1]    

[1] VA Code §40.1-29(A).

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Yes. Virginia law requires employers to provide written notice of pay which includes the number of hours worked, gross wages, and an explanation of how gross and net pay were calculated.[1]

[1] VA Code §40.1-29(C).

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Yes. The Virginia Overtime Wage Act applies the overtime pay requirements of the federal Fair Labor Standards Act. Employers must pay one and one-half times an employee’s regular rate of pay for hours physically worked in excess of 40 in a work week.

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Yes. The Virginia Wage Theft Law provides a private right of action for the recovery of all wages due and an additional equal amount as liquidated damages, interest at an annual rate of 8% accruing from the date the wages were due, and reasonable attorneys’ fees and costs. Further, if the employer “knowingly” failed to pay wages, the employee shall be awarded an amount equal to triple the amount of wages due and reasonable attorneys’ fees and costs.[1] The law also imposes a civil penalty of up to $1,000 per violation, based on the employer’s size and the severity of the violation at issue. It also provides for criminal penalties for willful violations (varying between a misdemeanor for less than $10,000 in wages to a felony if the amount owed is more than $10,000 or if the employer isa repeat offender).[2]

[1] VA Code §40.1-29(G), (J) & (K).

[2] VA Code §40.1-29(E) & (H).

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