The Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern pay, assignment of wages, minimum wages, employment of children, the right to work, the human trafficking poster requirements, and certain other statutes that relate to the workplace. The Division also provides consultation services to the public concerning garnishments and other court orders concerning wage withholdings.
The Division’s Payment of Wage Unit investigates complaints concerning unpaid wages in accordance with §40.1-29 of the Code of Virginia. Investigations may be resolved informally or formally, and final orders for wages and civil penalties may be assessed for non- compliance. In some cases, criminal action may be sought by the Division to gain compliance.
The Division’s Child Labor Unit administers and enforces the Commonwealth’s laws and regulations related to the employment of youth including the issuance of employment certificates for youth ages 14 and 15 to perform work. Youth interested in theatrical productions also apply for Theatrical Permits from the Unit. Investigations and inspections are conducted at youth employers to ensure protection of youth employees as specified in the laws and regulations.
Labor and Employment Law
Electronic Youth Employment Certificate now available online.
*Please read instruction sheet prior to applying. Virginia Electronic Employment Certificate Instruction Sheet
Click here to begin Employment Certificate Application Process.
Description: All 14-15 year old workers in Virginia are required to obtain an Employment Certificate (Work Permit). Upon completion of all 3 sections, generally the system will issue permits within 24 hours of your request. PLEASE BE ADVISED THAT ONLY THE EMPLOYER IS AUTHORIZED TO SUBMIT THE EMPLOYER PORTION OF THE APPLICATION AS THEY ARE RESPONSIBLE FOR ADHERING TO THE RECORD RETENTION REQUIREMENTS.
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Manual Youth Employment Certificate Application Forms can be downloaded and submitted. Both forms must be submitted together. Click here for full instructions.
Permission to Employ PDF | Employer Intent to Employ PDF
Theatrical Permits PDF
Description: In Virginia, the management of any theater or other public place where a performance, concert, commercial presentation or entertainment is to take place, must secure a Theatrical Permit from the Department of Labor and Industry allowing minors under the age of 16 to participate. No Permit is approved until the Commissioner of the Department of Labor and Industry is satisfied that the environment in which the minor is asked to participate is a proper, safe environment for the child. The Department of Labor and Industry must be satisfied that the conditions are “not detrimental to the health or morals of the child and that the child’s education will not be neglected or hampered by his or her participation in such drama, play, performance, concert, or entertainment.” § 40.1-102. No such Permit is required for any nonprofit dance, or music recital or noncommercial television or radio broadcast. Non-profit schools of performing arts are not required to obtain Theatrical Permits for performances related to classes.
Instructions: Theatrical Permit applications for each minor child involved must be notarized and filed at least five days before the performance date, in accordance with Section 40.1-102. The original Theatrical Permit Application must be submitted to the Virginia Department of Labor and Industry, 1570 East Parham Road, Richmond, Virginia, 23228-2360 Attention: Child Labor Law Division.
The Child Labor Compliance Officers will review each application and investigate each performance situation in which the minor child will participate.
For further information on Theatrical Permits call (804) 371-3104 Ext 108.
Labor & Employment Law – Payment of Wage Section (English)
Download the English version of the Claim for Unpaid Wages Form here
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- U.S. Postal mail only. Faxed forms cannot be accepted!
If you are claiming pay for work performed, please print out and submit your completed claim form to the following address by U.S. Mail:
- U.S. Postal mail only. Faxed forms cannot be accepted!
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- Division of Labor and Employment Law
Virginia Department of Labor and Industry
600 East Main Street, Ste. 207
Richmond, Virginia 23219.
- Division of Labor and Employment Law
- Remember to sign the claim form and make sure to include the employer’s full address as well the total amount of wages claimed.Please include your email address for notices about your claim. Reminder: Faxed or emailed forms cannot be accepted.
Trabajo y derecho del trabajo – pago de salarios sección
Descargar la versión en Inglés de la reclamación por impago de salarios de forma aqui.
INSTRUCCIONES PARA ENVIAR SU RECLAMO DE SUELDOS NO PAGADOS
Correo Postal solamente. ¡Formularios enviados por fax no serán aceptadas!
Si reclama pago de sueldo por trabajo que hizo, por favor imprima y envíe su formulario completo a la siguiente dirección de correo postal:
Division of Labor and Employment Law
Virginia Department of Labor and Industry
600 East Main Street, Suite 207
Richmond, Virginia 23219
Recuerde que debe firmar el reclamo y asegúrese de incluir la dirección completa del empleador, así como el monto total de los sueldos reclamados.
Por favor incluya su dirección del correo electrónico para las notificaciones acerca de su reclamo.
Recordatorio: formas fax o correo electrónico no pueden ser aceptadas
Labor Laws link to the web page for the Virginia Administrative Code
Human Trafficking Poster (English)
Human Trafficking Poster (Spanish)
Human Trafficking in Virginia – Effective July 1, 2013 section 40.1-11.3 of the Code of Virginia was amended to require any employer who operates a truck stop to post notice of the existence of a human trafficking hotline to alert possible victims of human trafficking of the availability to report crimes or gain assistance. As used in this subsection, “truck stop” means a facility that is capable of fueling a qualified highway vehicle that bears an IFTA identification marker as those items are defined in section 58.1-2700. Failure to post a notice may result in a civil penalty of $100 beginning January 1, 2014.
Adult entertainment businesses are currently required to post a notice of a human trafficking hotline for potential victims. Failure to post may result in a civil penalty of $500. This notice shall be posted in the same location as other employee notices required by law.
Virginia Labor Laws
Title 40.1 of the Code of Virginia
Virginia Payment of Wage Law – Virginia Code § 40.1-29. Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties.
UPDATE: Hours Worked on Paystubs
Effective on July 1, 2020, §40.1-29.C. will require all employers, other than an employer engaged in agricultural employment including agribusiness and forestry, to provide the number of hours worked during the pay period on the employee’s paystubs if the employee is paid on the basis of the number of hours worked or a salary that is less than the standard salary level adopted by regulation of the U.S. Department of Labor pursuant to § 13(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 213(a)(1), as amended, establishing an exemption from the Act’s overtime premium pay requirements. The paystubs shall also include the rate of pay; the gross wages earned by the employee during the pay period; and the amount and purpose of any deductions therefrom. The paystub or online accounting shall include sufficient information to enable the employee to determine how the gross and net pay were calculated.
The standard salary level under the FLSA for exemption from overtime is currently $684 a week. Salaried employees paid less than that must have their weekly hours reported on their paystubs.
Law Governing Covenants Not to Compete
§ 40.1-28.7:8 Pertains to the prohibition of non-compete covenants for low-wage employees.
Non-Payment of Wage Claims in Effect
§ 40.1-33.2 Grants employees new rights in disputes with their employers over payment of wage issues. Download Instructions and Form
Misclassification Claims in Effect
§ 40.1-33.1 Grants employees new rights in disputes with their employers regarding disputes pertaining to their classification as an employee or independent contractor. Download Instructions and Form
Sharing of Wage Information
§ 40.1-28.7:9 Limiting employees’ sharing of wage information prohibited; civil penalty.
Virginia Minimum Wage Act Update
§ 40.1-28.8. The minimum wage is scheduled to increase on May 1, 2021 when the Virginia Minimum Wage Act becomes effective.
Virginia Minimum Wage Act
§ 40.1-28.8. This article shall be known as the Virginia Minimum Wage Act.
Virginia Child Labor Laws, § 40.1-78 through 40.1-116 of the Code of Virginia
§ 40.1-78. Employment of children under fourteen and sixteen.
Prevention of Employment Law, § 40.1-27 of the Code of Virginia
§ 40.1-27. Preventing employment by others of former employee.
Equal Pay Irrespective of Sex, § 40.1-28.6 of the Code of Virginia
§ 40.1-28.6. Equal pay irrespective of sex.
Unlawful to Require Applicant or Employee to Pay for Medical Examination § 40.1-28 of the Code of Virginia
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment.
Limitations on Amount Subject to Garnishment, § 34-29 of the Code of Virginia
§ 34-29. Maximum portion of disposable earnings subject to garnishment.
Prohibition on Questions Regarding Sexual Activity on Polygraph Tests for Employment, § 40.1-51.4:3 of the Code of Virginia
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment.
Limitation Use of Polygraphs by Law Enforcement Agencies, § 40.1-51.4:4 of the Code of Virginia
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.
For more information – please call (804) 371-3104 ext. 131 or email the Labor and Employment Law Division.
The federal Fair Labor Standards Act (“F.L.S.A.”) governs the federal minimum wage law, time-and-a-half overtime law and other labor laws. If the employer falls under the jurisdiction of the F.L.S.A. (most employers do), you may wish to also consult the Web site for the United States Department of Labor, Employment Standards Administration, Wage and Hour Division. If you have a question about whether your employer falls under the jurisdiction of the F.L.S.A., contact the Wage and Hour Division.