New hiring laws in Virginia for 2027: pay ranges, the Human Rights Act at five employees, paid sick leave and a $13.75 wage

As of October 2026, Virginia's 2026 General Assembly session made the largest set of hiring changes in the state in years, and most took effect on July 1, 2026: a wage or salary range in every job posting and a ban on asking about pay history (SB 215, Chapter 996), the Virginia Human Rights Act extended to employers with five or more employees (SB 637, Chapter 950), and new non-compete limits for health care professionals and for workers let go without severance. Still to come are a $13.75 minimum wage and minimum wage coverage for farm workers on January 1, 2027, statewide paid sick leave on July 1, 2027, and paid family and medical leave contributions from April 1, 2028.

Each item below is an enacted chapter from the 2026 Regular Session, with its chapter number and effective date as recorded on the bill's page in the Legislative Information System (LIS), or a date set by the agency that runs the program. The standing checklist for hiring in the state (tax and unemployment registration, Form VA-4, new-hire reporting) is in our Virginia hiring hub; this page is the dated list of what is new.

Which Virginia hiring laws changed in 2026, and what changes in 2027?

What do Virginia's pay range and salary history rules require?

Since July 1, 2026, Va. Code 40.1-28.7:12, added by SB 215, bars an employer from seeking a prospective employee's wage or salary history, relying on it to consider the person or to set pay at hire, and refusing to interview or hire someone who will not share it or who asks for the range. It also requires the wage, salary or range "in each public and internal posting for each job, promotion, transfer, or other employment opportunity," set in good faith. The LIS summary describes Attorney General enforcement with civil penalties of up to $1,000 for a first violation and up to $5,000 for later ones, and a private action within one year. DOLI's July 1, 2026 update tells employers to review postings and interview guides and to make sure recruiters posting on their behalf know the law.

Both duties have their own pages with scripts and examples: Virginia pay transparency law and Virginia salary history ban. Asking a candidate what they expect to earn is still allowed; asking what they earn now is not.

Which employers does the Virginia Human Rights Act cover now?

Employers with five or more employees, since July 1, 2026. SB 637 (Chapter 950) "reduces from 15 to five the number of employees in the definition of 'employer' for purposes of nondiscrimination in employment," and moves the deadline for filing a complaint with the Office of the Attorney General from 300 days to two years. Title VII still starts at 15 employees, so a Virginia business with five to 14 employees now answers to a state discrimination law that it may not have treated as its own before.

For hiring, the practical effect is that small firms need the same interview discipline as large ones: a written question set, no questions about protected characteristics, and notes that record job-related reasons for each decision. Our list of illegal interview questions is a starting point. The longer filing window also means interview notes and scorecards can be relevant for up to two years, so set a retention period that covers it.

What changed for non-competes in Virginia?

Two chapters took effect on July 1, 2026, on top of the existing ban for low-wage and overtime-eligible employees in Va. Code 40.1-28.7:8:

• Health care professionals. HB 627 (Chapter 1113) adds anyone "licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work" to the groups an employer may not bind with a non-compete, with the existing $10,000 civil penalty per violation.
• Discharge without severance. SB 170 (Chapter 883) makes a non-compete unenforceable if the employer discharges the employee "without providing severance benefits or other monetary payment" disclosed when the covenant was signed, unless the discharge was for cause.

When you recruit someone bound by a Virginia non-compete, ask for the agreement, the candidate's license type and how the last job ended. The tests are in our Virginia non-compete guide.

When does Virginia's minimum wage reach $15, and who gains coverage?

HB 1 (Chapter 350, identical to SB 1) codifies the $12.77 rate in effect since January 1, 2026, raises it to $13.75 on January 1, 2027 and to $15.00 on January 1, 2028, and indexes it to the consumer price index from January 1, 2029. Separately, SB 121 (Chapter 358) removes the minimum wage exemption for farm laborers and farm employees from January 1, 2027. Any hourly range you post for a Virginia job starting in 2027 should begin at $13.75 or more, and agricultural employers and the agencies that staff them need new pay floors from the same date.

When does Virginia paid sick leave start, and what goes in the new-hire packet?

July 1, 2027. HB 5 (Chapter 1128, identical to SB 199) requires "one hour of paid sick leave for every 30 hours worked for all employees of private employers and state and local governments, with certain exceptions." Leave can be used for the employee's own physical or mental illness, to care for a family member, and to seek services or relocate because of domestic abuse, sexual assault or stalking. Accrued leave follows employees to a successor employer and to another division or location.

The chapter tells the Commissioner of Labor and Industry to adopt regulations by July 1, 2027, including rules that employers notify employees of their rights "both in writing and through required posting." Knowing violations carry civil penalties of $150, $300 and then $500, and employees can sue for double the unpaid leave plus actual damages. Until DOLI publishes the regulations, plan for a written notice in the onboarding packet and a poster from July 2027, and set up accrual tracking for part-time and temporary workers.

What do the wage theft and immigration changes mean for recruiters?

• Misclassification has a private remedy. HB 238 (Chapter 1040) lets employees bring civil actions for minimum wage, overtime, misclassification and prevailing wage violations, with the remedies already available for unpaid wages, including liquidated damages and attorney fees. Agencies and clients that engage people as 1099 contractors should check that the classification holds up before the start date.
• No immigration threats. Va. Code 40.1-28.7:13, added by HB 675 (Chapter 1115), bars coercion or threats based on an employee's or family member's immigration status to deter protected activity, with penalties of up to $5,000, $9,000 and $12,000 per violation. Keep Form I-9 conversations to what federal rules require.
• Emergency responders. SB 100 (Chapter 330) bars adverse action against employees who miss work to serve as voluntary emergency responders during a declared emergency, as summarized in DOLI's July 2026 update.

When does Virginia paid family and medical leave start?

Not until 2028, but the dates are set. SB 2 (Chapter 981, identical to HB 1207) directs the VEC to run a paid family and medical leave insurance program with up to 12 weeks of leave a year, or four weeks for safety services, at 80 percent of average weekly net earnings up to a cap. The VEC's October 2026 FAQ says "the initial contribution rate will be announced by October 1, 2027," "payroll contributions will begin April 1, 2028" and "benefits become available December 1, 2028." Contributions are typically split 50/50, and businesses with 10 or fewer employees do not pay the employer share but still collect and remit the employee share. Nothing is due in 2027 beyond watching for the rate.

What did not change in Virginia in 2026?

• Background checks. The rules on sealed records and criminal history questions are in Virginia background check laws. The federal EEOC rescinded its 2012 arrest and conviction records guidance on October 28, 2026 (EEOC release); Title VII itself still applies.
• E-Verify rules are unchanged; see E-Verify requirements in Virginia.
• Interview recording still needs only one party's consent under Virginia law; see Virginia recording consent for interviews.
• AI in hiring. No Virginia statute on AI hiring tools took effect in 2026; the state-by-state picture is in AI hiring laws by state.

What should Virginia employers do before January 1, 2027?

1. Audit every posting, including internal transfers and postings agencies place for you, for a good-faith wage or salary range, and strip pay history questions from applications, scripts and background check authorizations.
2. Reprice 2027 offers and ranges to at least $13.75 an hour, and bring farm roles up to the minimum wage.
3. Train small offices (five to 14 employees) on the Virginia Human Rights Act, and keep interview records for at least the two-year complaint window.
4. Review non-compete templates for licensed health care staff, and disclose any severance or payment in agreements you still use.
5. Check contractor classifications before start dates, now that misclassification carries a private civil action.
6. Plan for July 1, 2027: paid sick leave accrual, the written notice and the poster once DOLI's regulations are out.

What does this mean for staffing agencies in Virginia?

Agencies that employ their temporary workers owe them the $13.75 minimum from January 1, 2027 and paid sick leave accrual from July 1, 2027, the same as any other employer. Postings an agency writes for a client still need the range, and the salary history ban applies to the agency's own recruiters. An agency with five or more employees, counting its temporary workers, is also an employer under the Virginia Human Rights Act. Licensing is covered in our Virginia staffing agency guide, and the federal changes that apply in every state, such as Form I-9 edition dates and the end of automatic EAD extensions, are in new hiring laws for 2027.