Labor Laws for Employers in Virginia
Since the commonwealth of Virginia follows the common law concept of employment at will, employees generally have no legal rights to challenge their terminations. Employers can terminate their employees at will, at any time and for any legal reason. Employers cannot terminate their employees for discriminatory reasons based on their perceived or actual disabilities, race, age, gender, national origin or religion. Additionally, employers may not retaliate against employees who filed complaints with the Virginia Department of Labor and Industry alleging safety violations.
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Virginia Payment of Wage Law
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Under Section 40.1-29 of the Virginia Code, employers must establish regular pay dates and rates for their employees. Employers are not required to provide their employees with fringe benefits, and they do not have to pay them for time not worked. Employers must pay their employees by check, cash or direct deposit, or in limited situations, can use payroll debit cards.
Wage Deductions
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To deduct from an employee's paycheck, an employer must first obtain written consent authorizing deduction. Employers may not charge their employees for errors, breakages, equipment or cash drawer shortages, even with authorized consent from their employees. For violating Virginia's payment of wage law, employers can face fines of up to $1,000 and criminal penalties for intentional violation.
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Virginia Minimum Wage Act
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Virginia law follows the United States Department of Labor's federal minimum wage law. Thus, an increase in federal minimum wage automatically leads to a Virginia wage increase. As of July 24, 2009, both the Virginia and federal minimum wages are $7.25 hourly. Employers in Virginia who do not have to comply with the federal minimum wage requirements must comply with the Virginia minimum wage laws. For instance, the Fair Labor Standards Act does not require employers who earn less than $500,000 of gross profits each year to comply with the federal minimum wage law. However, even small employers in Virginia must comply with the state's minimum wage requirement. Employers with less than four employees can pay their employees less than minimum wage.
Virginia Child Labor Laws
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Virginia law requires employers to obtain work permits for children under 16. Employers may not hire children to perform hazardous work. Children under 16 cannot work in gardens, farms or construction sites. Unless children work for their family businesses, employers may not hire children under 14 to work. Employers may not allow their employees who are under 16 to work more than three hours per business day, 18 hours per week during school weeks, 8 hours per day during weekends and 40 hours weekly while school is not in session.
Employers must also comply with the commonwealth's break requirements mandating 30-minute breaks for every five hours worked. There are no maximum hour or break requirements for children 16 and older. Employers who violate the child labor laws face penalties up to $10,000 if their violations lead to serious injury or death; for all other violations, the penalty is limited to $1,000 for each minor hired.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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