Call Lipp Law: (703) 896-7704
Call Lipp Law: (703) 896-7704
Virginia employers are facing one of the most significant waves of employment law changes in years. Beginning July 1, 2026, and continuing through 2029, new laws will affect hiring practices, pay transparency, non-compete agreements, employee leave, minimum wage, and workplace policies.
While many of these changes are phased in over the next several years, employers should begin reviewing their policies, employee handbooks, employment agreements, and HR practices now. Taking proactive steps today can help reduce legal risk and avoid costly compliance issues in the future.
Here’s what Virginia employers need to know.
Effective July 1, 2026
Virginia has expanded restrictions on non-compete agreements in two important ways.
First, employers may no longer require healthcare professionals to sign non-compete agreements. Covered professionals include individuals licensed, registered, or certified by the Virginia Boards of Medicine, Nursing, Counseling, Optometry, Psychology, and Social Work.
The law also prohibits employers from preventing departing healthcare professionals from notifying patients of a change in employment or treating patients who independently choose to continue their care. Existing agreements entered into before July 1, 2026, are not affected.
Second, employers may not enforce non-compete agreements against employees who are laid off or terminated without cause unless the employee receives severance or other monetary compensation that is disclosed when the agreement is signed. This change applies only to agreements entered into on or after July 1, 2026, and does not apply to employees who resign or are terminated for cause.
Virginia’s existing prohibition on non-compete agreements for low-wage employees remains in effect.
What employers should do: Review restrictive covenant agreements and severance practices before entering into new non-compete agreements.
Effective July 1, 2026
Virginia employers must now include a good-faith wage or salary range in both external and internal job postings. Employers may establish the range based on an existing pay scale, historical compensation for the position, compensation for comparable employees, or the approved hiring budget.
The new law also prohibits employers from:
What employers should do: Update job posting templates, employment applications, recruiter training, and interview procedures to ensure compliance.
Effective July 1, 2026
Employers may not discipline or otherwise take adverse action against employees who miss work while serving as volunteer emergency responders responding to an emergency alarm or declared state of emergency.
Employees must notify their employer as soon as reasonably practicable and provide documentation from the emergency-response organization or incident commander after responding.
Employers are not required to pay employees for missed work, although employees may use available paid leave.
What employers should do: Review attendance and leave policies to ensure they comply with the new protections.
Virginia’s minimum wage will increase on the following schedule:
What employers should do: Review compensation budgets now to prepare for future wage increases.
Benefits Begin December 1, 2028
Virginia’s statewide Paid Family and Medical Leave (PFML) insurance program will launch in 2028.
Eligible employees may receive up to 12 weeks of paid leave for:
Payroll contributions begin April 1, 2028, while benefits become available December 1, 2028.
The law also creates significant employer obligations, including required employee notices, workplace postings, payroll contributions, job restoration rights, continuation of health insurance benefits, and anti-retaliation protections.
Covered employers with 11 or more employees must contribute to the program, while smaller employers are generally responsible only for withholding and remitting employee contributions.
What employers should do: Begin planning now for policy updates, payroll changes, employee notices, and future compliance requirements.
Virginia’s new paid sick leave law will be phased in based on employer size:
Employees will accrue one hour of paid sick leave for every 30 hours worked, although employers may front-load leave instead of using an accrual system. Existing PTO policies may satisfy the law if they provide at least the minimum required benefits and can be used for the same purposes.
Paid sick leave may generally be used for:
The law also establishes detailed requirements regarding recordkeeping, employee notices, workplace postings, documentation, confidentiality, reinstatement of accrued leave following certain rehires, and protections against retaliation.
What employers should do: Review your existing PTO and paid leave policies well before the applicable compliance deadline to determine whether revisions are necessary.
Although not every law becomes effective immediately, employers should begin preparing now by:
Taking proactive steps now can help reduce legal risk, avoid costly mistakes, and ensure your business is prepared as Virginia’s employment laws continue to evolve.
Many of these new laws will require updates to employee handbooks, job postings, employment agreements, and HR policies. Taking proactive steps now can help your business stay compliant, reduce legal risk, and avoid costly disputes down the road.
Lipp Law advises employers throughout Virginia on employment law compliance, workplace investigations, employee handbooks, executive employment agreements, and employment litigation.
If you’d like us to review your employment practices or discuss how these new laws may affect your business, contact Lipp Law to schedule a consultation.
Katie dedicates her practice to employment separation guidance.
Based on her successful employment litigation practice...Read More
Are you a business owner, executive, or educator in the DMV area (DC, Maryland, Virginia)?
Or maybe you just want to hear our Lipp Law updates?
If so, you should check out Lipp Law's Employment and Business Law Newsletter. Expect regular updates about employment and business law and the team here at Lipp Law, focused on serving you - the backbone of our DMV business community.
If you like to keep your business compliant with employment and business law changes, subscribe below!
