New Virginia Employment Laws for 2026: What Employees Need to Know

February 9, 2026

As of January 1, 2026, Virginia has implemented several new employment laws that bring important changes for workers across the state. These updates affect key areas like the minimum wage, unemployment benefits, non-compete agreements, and discrimination protections, aiming to improve conditions and ensure fair treatment in the workplace.

What Are the Key Employment Law Changes in Virginia for 2026?

Here is a quick summary of the main updates every Virginia employee should know about:

Law Category	Key Change for 2026
Minimum Wage	Increased to $12.77 per hour.
Unemployment	Weekly benefits increased by approximately $52 per week.
Health Insurance	No extra costs for necessary preventive breast and prostate cancer screenings.
Non-Competes	Ban expanded to cover all non-exempt (overtime-eligible) employees.
Discrimination	“Ethnic origin” added as a protected class; complaint deadline extended to 300 days.

What Is the New Minimum Wage in Virginia?

Virginia’s minimum wage increased from $12.41 to $12.77 per hour at the start of 2026. This raise directly boosts the income of the state’s lowest-paid workers.

Tipped employees, like restaurant servers, will continue to receive a base wage of $2.13 per hour. However, employers must ensure that tips plus the base wage add up to at least the new $12.77 hourly minimum. If you believe your employer is not complying, you may have a claim for unpaid wages.

How Have Unemployment Benefits Changed?

If you lose your job and file a new unemployment claim in 2026, you can expect to receive about $52 more per week in benefits than under the old rules. This increase provides a slightly bigger financial safety net while you search for a new job.

What Are the New Health Insurance Coverage Rules?

Virginia law now prohibits health insurers from charging patients extra for important preventive breast and prostate cancer screenings when a doctor deems them necessary. This means procedures like mammograms, breast MRIs, and ultrasounds must be covered without additional copays or fees, making it easier to catch serious health issues early.

How Does the Expanded Non-Compete Ban Affect You?

Virginia has expanded its ban on non-compete clauses to protect more workers. Since July 1, 2025, employers cannot enforce non-compete agreements with any employee classified as “non-exempt” under the Fair Labor Standards Act (FLSA)—in other words, anyone eligible for overtime pay.

This means if you are an hourly or lower-salaried employee, your employer cannot legally stop you from working for a competitor after you leave your job. This gives most Virginia workers more freedom to switch jobs within their industry.

What Are the New Discrimination Protections?

The Virginia Human Rights Act was strengthened to add “ethnic origin” to the list of characteristics protected from employment discrimination. This joins existing protections for race, religion, sex, age, disability, and more.

Additionally, the deadline for filing a discrimination complaint with the state’s Office of Civil Rights has been extended from 180 days to 300 days from the date of the discriminatory act. This gives workers more time and flexibility to pursue a claim.

What This Means for Employees

These new laws create a better and fairer working environment for Virginia employees. You are seeing higher pay, a stronger safety net if you lose your job, and lower barriers to critical health screenings. Most importantly, you have more freedom to change jobs and stronger protections against workplace discrimination.

Contact a Virginia Employment Lawyer

If you believe your employer is not complying with these new laws or your rights have been violated, it is crucial to speak with an attorney. Contact us today for a free, confidential consultation to discuss your case with an experienced Virginia employment lawyer.