2026 Virginia Minimum Wage Updates (The $15 Veto)
If you work in Virginia, it is crucial to understand that the state's minimum wage laws experienced significant disruption recently. Originally, legislation was in place to raise the Virginia minimum wage to $13.50 in 2025 and $15.00 by 2026. However, this legislation was vetoed by the Governor in early 2024. Before tracking your hours with our weekly time card calculator, make sure you know your correct legal base rate.
Instead of hitting $15.00, the Virginia minimum wage is now legally tied to the Chained Consumer Price Index (CPI-U). This means the wage increases slightly every January based on inflation, hovering around the $12.50 mark for 2026.
The 40-Hour Rule (No Daily Overtime)
In Virginia, non-exempt employees must be paid 1.5 times their regular hourly rate for any hours physically worked beyond 40 in a continuous workweek. Virginia does not have a daily overtime law. Working a 12-hour shift in a single day does not trigger overtime pay, unless your total weekly hours exceed 40.
| Worker Category | Standard Hourly Rate | Overtime Rate (1.5x) |
|---|---|---|
| Standard Minimum Wage (CPI Adjusted) | ~$12.50 / hr | ~$18.75 / hr |
| Tipped Employees (Cash Wage) | $2.13 / hr | Varies (Requires tip credit calculation) |
| Daily Overtime Limit | None | N/A |
The Virginia Overtime Wage Act (VOWA) vs. FLSA
In 2021, the Virginia Overtime Wage Act (VOWA) was passed to provide stronger protections for workers. While it was amended in 2022 to closely align calculation methods with the federal Fair Labor Standards Act (FLSA), it retained one massive benefit for workers: a longer statute of limitations.
"Under federal law, you have 2 years to file a claim for unpaid overtime. Under Virginia's VOWA, workers are granted a powerful 3-year statute of limitations to recover stolen wages, plus potential liquidated damages."
If you suspect your employer has been shortchanging your overtime over the past few years, we highly recommend utilizing an advanced overtime calculator to audit your past pay stubs and see if you are owed back pay under VOWA.
Tipped Employees and Overtime in VA
Virginia allows a substantial "tip credit." Employers are only required to pay tipped staff (like servers and bartenders) a minimum cash wage of $2.13 per hour, assuming tips make up the rest of the state minimum wage. When a tipped employee works overtime, the calculation must be based on the full minimum wage. To ensure accuracy, convert your shift minutes using our decimal hours converter before applying the math.
| Calculation Step | Amount |
|---|---|
| Assumed State Minimum Wage | $12.50 / hr |
| Virginia Tip Credit Allowed | -$10.37 / hr |
| Minimum Cash Wage (Regular) | $2.13 / hr |
| Overtime Multiplier ($12.50 × 1.5) | $18.75 / hr |
| Minimum Cash Wage (Overtime) ($18.75 minus the $10.37 tip credit) |
$8.38 / hr |
