Virginia, which follows the federal minimum wage guidelines, last increased its rate to $7.25 per hour in 2009. Before that, the minimum wage was $6.55 per hour.

SB7 and Changes to Virginia Minimum Wage Applicability

Enactment and Effective Date:

• SB7 was enacted on April 22, 2020, and became effective on July 1, 2020.

Expanded Applicability:

• The legislation specifies that the state minimum wage now applies to individuals who were previously exempt, including:
  • Those whose employment is covered by the Fair Labor Standards Act
  • Individuals employed in domestic service or in or around a private home
  • Workers who are typically paid based on the amount of work done
  • Individuals with intellectual or physical disabilities, except those covered by a special certificate issued by the U.S. Secretary of Labor
  • Employees whose employer has fewer than four employees at any one time
  • Individuals under 18 years of age who are under the jurisdiction of a juvenile and domestic relations district court

Exemptions:

• SB7 also clarifies that the Virginia minimum wage does not apply to:
  • Participants in the U.S. Department of State’s au pair program
  • Temporary foreign workers
  • Employees of certain amusement or recreational establishments, organized camps, or religious or nonprofit educational conference centers

Exemptions to the Virginia Minimum Wage Act Prior to SB7

1. Farm laborers or farm employees
2. Individuals employed in domestic service or in or around a private home, or in a charitable institution primarily supported by public funds
3. Individuals engaged in activities of educational, charitable, religious, or nonprofit organizations where the employer-employee relationship does not exist, or where services are rendered voluntarily
4. Caddies on golf courses
5. Traveling salespeople or outside salespeople working on a commission basis, taxicab drivers, and taxicab operators
6. Individuals under 18 employed by their father, mother, or legal guardian
7. Individuals confined in penal or corrective institutions, or admitted to state hospitals or training centers operated by the Department of Behavioral Health and Developmental Services
8. Employees of summer camps for boys, girls, or both
9. Individuals under 16, regardless of employer
10. Individuals who are normally paid based on the amount of work done
11. Individuals whose employment is covered by the Fair Labor Standards Act of 1938, as amended
12. Individuals with impaired earning capacity due to physical deficiency, mental illness, or intellectual disability
13. Students participating in bona fide educational programs
14. Employees of employers with fewer than four employees, excluding family members in the count
15. Individuals under 18 enrolled full-time in secondary school, higher education, or trade school, working no more than 20 hours per week
16. Full-time students in work-study programs or their equivalent
17. Individuals under 18 under the jurisdiction of a juvenile and domestic relations district court
18. Babysitters working fewer than 10 hours per week

Employers are required to pay employees a cash wage of at least $2.13 per hour. When combined with tips, this amount must meet or exceed the minimum wage.

Virginia has specific rules for the working hours of 14- and 15-year-old employees:

• They may not work more than three hours a day on a school day.
• They may not work more than 18 hours a week during a school week.
• They may not work more than eight hours a day on a non-school day.
• They may not work more than 40 hours a week during a non-school week.
• They cannot work before 7 a.m. or after 7 p.m., except between June 1 and Labor Day, when they may work until 9 p.m.
• They cannot work during school hours unless enrolled in a school work-training program.

Additionally, these minors must be given a 30-minute rest or meal period after five consecutive hours of work.