Hiring employees in Virginia: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in Virginia has to register for withholding with Virginia Tax and, once it meets the Virginia Employment Commission's tests, for unemployment insurance; carry workers' compensation once three or more employees are regularly in service; put a pay or pay range in every job posting and stop asking about pay history, both required since July 1, 2026 at any employer size; have each new hire complete Form VA-4; and report each new employee, and each new independent contractor, within 20 days. Expunged and sealed records are off limits, non-competes are void for low-wage workers, and a party to an interview may record it.

This page is the Virginia hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The Virginia hiring checklist at a glance

What must be in place before the first Virginia hire?

Two accounts and workers' compensation. Virginia Tax says an employer that pays wages in Virginia is generally required to withhold state income tax and, "as an employer required to file withholding returns, you must register for withholding tax," file returns "whether or not there is withholding tax owed" and pay what is withheld; see its withholding page. The Virginia Employment Commission's employer responsibilities page says general employers are liable for unemployment tax if they have a quarterly payroll of $1,500 or more or employ someone for at least 20 weeks in a calendar year, and that any employer liable for federal unemployment tax is liable in Virginia.

Workers' compensation follows from Va. Code § 65.2-101, which leaves out employees of a business that "has regularly in service less than three employees in the same business within this Commonwealth," so coverage is required from the third regular employee. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a Virginia license?

No. Virginia's employment agency chapter, Title 54.1, chapter 13, was repealed in 1996, and nothing replaced it. The one registration in this area is for professional employer organizations, which register with the Virginia Workers' Compensation Commission under § 65.2-803.1. Our guide to the Virginia staffing agency license question covers what still applies to staffing firms.

What must a Virginia job posting include, and can you ask about pay history?

A pay figure, and no pay history questions. Since July 1, 2026, Va. Code § 40.1-28.7:12 has required every employer, with no size threshold, to state the wage, salary or a good-faith range in each public and internal posting for a job, promotion or transfer. Benefits do not have to be listed. Anyone can send written notice of a missing range, and a posting corrected within 15 business days cannot support a private lawsuit; the Attorney General can still seek civil penalties. Our Virginia pay transparency guide has examples.

The same section bars employers, and recruiters acting for them, from seeking a candidate's wage or salary history or relying on it. A figure the candidate volunteers may be used only to support a higher offer. See our Virginia salary history ban page for the one-year deadline to sue and a script.

When can you ask about criminal history or run a credit check?

Virginia has no private-employer ban-the-box statute that we found, but two record rules apply. § 19.2-392.4 says an employer "shall not, in any application, interview, or otherwise, require an applicant for employment" to disclose an expunged arrest, charge, conviction or civil offense, with a Class 1 misdemeanor for willful violations. And § 19.2-392.15, part of the record-sealing chapter, bars state and local agencies and "private employers that are not subject to federal laws or regulations in the hiring process" from requiring disclosure of sealed records. If an application asks about arrests or convictions at all, it must include a notice that sealed information does not have to be disclosed. Exceptions include police jobs, inquiries required by state or federal law and national security positions.

We found no Virginia statute limiting employer credit checks; Virginia is not in our credit check laws guide, so the federal FCRA rules in our FCRA background check guide govern.

Can you record or transcribe a job interview in Virginia?

Yes, if you are on the call. Under § 19.2-62(B)(2), it "shall not be a criminal offense" to intercept a communication where the person "is a party to the communication or one of the parties to the communication has given prior consent." Much Virginia hiring happens in the Washington, D.C. region, though, and Maryland requires every party's consent. Our Virginia recording consent guide and recording calls across state lines cover the cross-border cases; announcing the recording and getting a yes covers all of them.

Does Virginia regulate AI in hiring?

Not with a statute as of October 2026. The General Assembly passed HB 2094 in 2025, which would have regulated high-risk AI systems used in "consequential decisions," a term that included "access to employment." The bill history shows it "Vetoed by Governor" on March 24, 2025, and the House sustained the veto on April 2, 2025. Federal and Virginia anti-discrimination law still reach the results of an AI screen; see our state-by-state AI hiring summary for the states that do have rules.

Can you drug test applicants in Virginia?

Yes. Virginia's employment statute on cannabis is narrow: § 40.1-27.4 bars an employer from discharging, disciplining or discriminating against an employee "for such employee's lawful use of cannabis oil" under a practitioner's written certification. It still lets employers act on work impairment, bar possession during work hours and follow federal requirements, and its wording addresses employees rather than applicants. Our drug testing laws guide compares other states.

Does Virginia require E-Verify?

Only in government work. State agencies have used E-Verify for their own hires since December 1, 2012, and under § 2.2-4308.2 a private employer averaging more than 50 employees that signs a state agency contract over $50,000 must use E-Verify for new hires working on that contract, or risk debarment. Private employers without a state contract have no Virginia E-Verify duty. See E-Verify requirements in Virginia.

Which state withholding form does a new hire complete?

Form VA-4, the Employee's Virginia Income Tax Withholding Exemption Certificate (Rev. 04/26). Its instructions say "you must file this form with your employer when your employment begins," and that without it "your employer must withhold Virginia income tax as if you had no exemptions." Employers keep the certificates, may collect them electronically if the system meets IRS standards, and should notify Virginia Tax if they believe an employee has claimed too many exemptions.

Which notices must a new Virginia employee get at hire?

Virginia's rules here are about pay terms and posting rather than a single form. § 40.1-29(B) requires employers to "establish regular pay periods and rates of pay" and to pay salaried staff at least monthly and hourly staff at least every two weeks or twice a month, and paying by prepaid card requires "full written disclosure" of fees. The non-compete statute, § 40.1-28.7:8, requires every employer to post a copy or an approved summary where other employee notices are posted. If an offer letter includes a non-compete, check it against the low-wage, health care and severance rules in our Virginia non-compete guide.

How do you report a new hire in Virginia?

Report to the Virginia New Hire Reporting Center, run by the Division of Child Support Enforcement. Under § 63.2-1946, each employer "shall submit information concerning each newly hired employee to the Center within 20 days," and any employer that "contracts with an independent contractor shall submit information concerning each new independent contractor to the Center within 20 days of the start of the contract." A rehire counts as new after a separation of at least 60 consecutive days. A copy of the W-4 or the contractor's W-9 can serve as the report, and electronic filers send two monthly transmissions 12 to 16 days apart.

The Virginia hiring steps in order

1. Before the first hire: get an EIN, register with Virginia Tax and, when liable, the VEC, and bind workers' compensation by the third regular employee. PEOs register with the Workers' Compensation Commission.
2. Posting: include a pay figure or good-faith range in every public and internal posting.
3. Screening: no pay history questions; no requiring disclosure of expunged or sealed records, and the sealed-record notice on any application that asks about records.
4. Interview: as a party you may record; announce it and get a yes, especially with Maryland or D.C. candidates.
5. Offer: run background checks under the FCRA and check any non-compete against § 40.1-28.7:8.
6. First day: Form I-9, W-4 and VA-4; E-Verify if a state contract requires it.
7. Within 20 days: report the new employee, or the new independent contractor, to the Virginia New Hire Reporting Center.

Hiring in more than one state? The same checklist is available for Georgia, North Carolina, Michigan, New Jersey, Washington and Arizona.