Employees previously exempt from minimum
wage coverage
may now be covered under the
Virginia Minimum Wage Act.
These include:
 Domestic Service Employees - Employees who
perform services related to the care of an individual in
a private home or the maintenance of a private home
or its premises.
 May be on a permanent or temporary basis
 Includes services such as companions, cooks,
waiters, butlers, maids, valets, and chauffeurs
 Home care providers
 Babysitters w ho w ork m ore than 10 hours per
week
For More Information, please visit :
 Virginia Minimum Wage Act - Definitions & Exemptions:
http://law.lis.virginia.gov/vacode/title40.1/chapter3/
section40.1-28.9/
 Virginia Minimum Wage Act - Rates:
http://law.lis.virginia.gov/vacode/title40.1/chapter3/
section40.1-28.10/
 Fair Labor Standards Act:
https://www.law.cornell.edu/uscode/text/29/chapter-8
Minimum Wage Increases to
$12.00 per hour
Effective January 1, 2023
Questions?
Contact the Labor Law Division
Phone: 804-786-2706
Fax: 804-371-4643
E-mail: laborlaw@doli.virginia.gov
Website: https://www.doli.virginia.gov/
The Virginia Minimum Wage Act does not
exempt employees based on the size of their
employer. Employees of “small” businesses
generally must be paid at a rate of no less than
$12.00 per hour.
Virginia Department of Labor and Industry
Division of Labor and Employment Law
Tipped Employees
Tipped employees (those who regularly receive
more than $30.00 a month in tips) may be paid
at the tipped minimum wage of $2.13 per hour.
However, an em ployee’s hourly wages plus
tips must meet the Virginia minimum wage rate
of $12.00 per hour. If they do not, an employer
must pay the difference to an em ployee
so that they earn at least $12.00 per hour.