Dealing With Unpaid Wages in Virginia
My employer hasn't paid me — here's what Virginia law says and what to do next.
Statute: Va. Code § 40.1-29
Deadline: 14 days
Penalty: Employer may be liable for the unpaid wages plus an additional equal amount as liquidated damages, plus reasonable attorney fees and costs. Criminal penalties may also apply for willful violations
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Virginia differs from federal law
Virginia's minimum wage is higher than the federal rate and has been increasing:
- 2024: $12.00/hr (standard)
- 2025: $12.41/hr (adjusted for CPI per the 2020 law)
- Virginia does not have a separate tipped minimum wage lower than the federal tipped rate — the federal $2.13/hr tipped wage applies, with tips making up the difference to $12.00/hr
- A planned increase to $15.00/hr was conditioned on legislative reenactment and has not been enacted as of 2024
- Virginia law preempts local minimum wage ordinances — localities cannot set higher rates
- Exemptions include certain agricultural workers and domestic workers in the employer's home
Additional steps in Virginia
File minimum wage complaints with the Virginia Department of Labor and Industry, Labor and Employment Law Division at (804) 371-2327 or online at doli.virginia.gov. Virginia workers can also file with the federal DOL or bring a private civil action under Virginia's wage payment laws.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Virginia, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Virginia.