Virginia's minimum wage is $12.77 per hour, effective January 1, 2026 through December 31, 2026, under Virginia Code § 40.1-28.10. Scheduled increases: $13.75 on January 1, 2027; $15.00 on January 1, 2028; CPI-indexed from January 1, 2029.— Source: Virginia Legislative Information System
Virginia Minimum Wage Act — VA Code § 40.1-28.10
Virginia's minimum wage is set by Virginia Code § 40.1-28.10, read directly from law.lis.virginia.gov. The statute establishes a complete forward schedule through 2028 and then transitions to CPI-indexing:
| Effective Date | Rate |
|---|
| January 1, 2026 – December 31, 2026 | $12.77/hr |
| January 1, 2027 | $13.75/hr |
| January 1, 2028 | $15.00/hr |
| January 1, 2029 onward | CPI-indexed (CPI-U, U.S. city average) |
Basic calculation — current rate
regular pay (≤40 hours): hours × $12.77/hr overtime pay (FLSA, >40 hours): (hours − 40) × $19.1550/hr Example: 45 hours 40 × $12.77 = $510.805 × $19.1550 = $95.77Total: $606.57
The Virginia Overtime Wages Act (VOWA)
Virginia enacted the Virginia Overtime Wages Act (VOWA), codified at VA Code § 40.1-29.2 et seq. VOWA creates state-specific overtime claims separate from and in addition to FLSA rights. VOWA's exact provisions — including whether it differs from FLSA in calculation method or available remedies — were not fully confirmed from a primary source during the research session. Workers and employers should consult the Virginia Department of Labor and Industry (DOLI) or legal counsel for current VOWA-specific guidance.
VOWA note: The specific VOWA provisions were not fully verified from a primary source. The overtime estimate above uses the FLSA standard (1.5× after 40 hours). Employers and employees with overtime disputes in Virginia should verify their rights under VOWA in addition to FLSA.
Virginia compared to neighboring North Carolina
North Carolina's minimum wage equals the federal FLSA floor of $7.25/hr with no state-set increase mechanism. Virginia's $12.77/hr in 2026 is $5.52/hr higher than North Carolina's minimum — and the gap will widen to $7.75/hr when Virginia reaches $15.00 in 2028. Virginia also has VOWA providing additional state-law overtime rights that North Carolina workers do not have. The two states share a long border but represent opposite ends of the minimum wage policy spectrum among Atlantic states.
What this page does not determine
- Whether the Virginia Overtime Wages Act (VOWA) provides different overtime rights than FLSA in a specific situation — contact DOLI or legal counsel.
- Virginia final paycheck deadlines — VA Code § 40.1-29 governs payment timing; see the Virginia Final Paycheck page.
- Whether a specific employer or worker is exempt from the Virginia Minimum Wage Act.
- Local minimum wage ordinances — no Virginia municipality has enacted a local minimum wage above the state rate as of August 2026.
- Tipped worker rules — Virginia's tip credit provisions are not confirmed from a primary source in this research.
Sources and verification
The $12.77/hr rate (effective January 1, 2026), the $13.75 (2027) and $15.00 (2028) scheduled increases, and the 2029 CPI-indexing provision are verified from Virginia Code § 40.1-28.10 at law.lis.virginia.gov, read directly from the statute text. The VOWA citation (§ 40.1-29.2) is confirmed but full provisions were not fetched. Verification date: August 2026. See the site's methodology for source standards.
Common questions
What is Virginia's minimum wage in 2026?
Virginia's minimum wage is $12.77 per hour, effective January 1, 2026 through December 31, 2026, under Virginia Code § 40.1-28.10, confirmed from law.lis.virginia.gov. The legislated schedule continues: $13.75 on January 1, 2027; $15.00 on January 1, 2028; CPI-indexed (CPI-U, U.S. city average) from January 1, 2029.
When does Virginia's minimum wage reach $15.00?
Virginia's minimum wage is scheduled to reach $15.00 per hour on January 1, 2028 under VA Code § 40.1-28.10. From January 1, 2029 onward, it will be CPI-indexed annually using the CPI-U (U.S. city average). The schedule is confirmed from law.lis.virginia.gov statute text as of August 2026.
What is the Virginia Overtime Wages Act?
The Virginia Overtime Wages Act (VOWA), VA Code § 40.1-29.2 et seq., creates state-specific overtime claims in addition to FLSA rights. VOWA's specific provisions — calculation methods and available remedies — were not fully confirmed from a primary source in the August 2026 research. Consult the Virginia DOLI (doli.virginia.gov) or legal counsel for current VOWA guidance.
How does Virginia compare to North Carolina on minimum wage?
North Carolina's minimum wage equals the federal $7.25/hr floor with no scheduled increase. Virginia's $12.77/hr in 2026 is $5.52/hr higher, rising to $15.00 in 2028 — a gap of $7.75/hr by then. Virginia also has VOWA for state overtime rights; North Carolina workers rely solely on FLSA. Both states share a long border but have diverged sharply on minimum wage policy in recent years.
Who enforces minimum wage in Virginia?
The Virginia Department of Labor and Industry (DOLI) at doli.virginia.gov enforces Virginia's minimum wage and overtime laws, including VOWA. Workers may also have a private right of action in state court under VOWA. The federal DOL Wage and Hour Division handles FLSA enforcement for covered employers. Virginia's enforcement structure is more robust than neighboring North Carolina's because it includes both a state agency and a state court avenue.