{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.10.html"}],"law_id":63013,"edition_id":1,"section_id":63013,"structure_id":12778,"section_number":"40.1-28.10","catch_line":"Minimum wages","history":"1975, c. 530; 1976, c. 736; 1978, c. 371; 1980, c. 532; 1991, cc. 547, 596; 1997, c. 544; 2020, cc. 1204, 1242.","full_text":"A\n\n1. Prior to May 1, 2021, every employer shall pay to each of its employees wages at a rate not less than the federal minimum wage.2\n\nBeginning May 1, 2021, every employer shall pay to each of his employees at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision “employee” means any person or individual who is enrolled in an established employer on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner.B\n\nFrom May 1, 2021, until January 1, 2022, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $9.50 per hour or (ii) the federal minimum wage.C\n\nFrom January 1, 2022, until January 1, 2023, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $11.00 per hour or (ii) the federal minimum wage.D\n\nFrom January 1, 2023, until January 1, 2025, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.00 per hour or (ii) the federal minimum wage.E\n\nFrom and after January 1, 2025, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage.F\n\nBy October 1, 2024, and annually thereafter, the Commissioner shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1. The Commissioner shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available. The amount of each annual adjustment shall not be less than zero.","order_by":null,"text":{"0":{"id":229795,"text":"1. Prior to May 1, 2021, every employer shall pay to each of its employees wages at a rate not less than the federal minimum wage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":229796,"text":"Beginning May 1, 2021, every employer shall pay to each of his employees at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision “employee” means any person or individual who is enrolled in an established employer on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":229797,"text":"From May 1, 2021, until January 1, 2022, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $9.50 per hour or (ii) the federal minimum wage.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":229798,"text":"From January 1, 2022, until January 1, 2023, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $11.00 per hour or (ii) the federal minimum wage.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":229799,"text":"From January 1, 2023, until January 1, 2025, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.00 per hour or (ii) the federal minimum wage.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":229800,"text":"From and after January 1, 2025, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":229801,"text":"By October 1, 2024, and annually thereafter, the Commissioner shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1. The Commissioner shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available. The amount of each annual adjustment shall not be less than zero.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12778,"edition_id":1,"name":"Virginia Minimum Wage Act","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219913,"object_type":"structure","relational_id":12778,"identifier":"1.1","token":"40.1\/3\/1.1","url":"\/40.1\/3\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63013,"structure_id":12778,"section_number":"40.1-28.10","catch_line":"Minimum wages","url":"\/40.1-28.10\/","token":"40.1\/3\/1.1\/40.1-28.10","metadata":false},{"id":53960,"structure_id":12778,"section_number":"40.1-28.11","catch_line":"Penalties","url":"\/40.1-28.11\/","token":"40.1\/3\/1.1\/40.1-28.11","metadata":false},{"id":56539,"structure_id":12778,"section_number":"40.1-28.12","catch_line":"Employee's remedies","url":"\/40.1-28.12\/","token":"40.1\/3\/1.1\/40.1-28.12","metadata":false},{"id":74676,"structure_id":12778,"section_number":"40.1-28.8","catch_line":"Short title","url":"\/40.1-28.8\/","token":"40.1\/3\/1.1\/40.1-28.8","metadata":false},{"id":77484,"structure_id":12778,"section_number":"40.1-28.9","catch_line":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","url":"\/40.1-28.9\/","token":"40.1\/3\/1.1\/40.1-28.9","metadata":false}],"next_section":{"id":53960,"structure_id":12778,"section_number":"40.1-28.11","catch_line":"Penalties","url":"\/40.1-28.11\/","token":"40.1\/3\/1.1\/40.1-28.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28.10\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 530 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 736; in 1978, chapter 371; in 1980, chapter 532; in 1991, chapters 547 and 596; in 1997, chapter 544<\/a>; in 2020, chapters 1204<\/a> and 1242<\/a>.<\/p>","references":[{"id":85697,"section_number":"34-29","catch_line":"Maximum portion of disposable earnings subject to garnishment","order_by":null,"url":"\/34-29\/"},{"id":77484,"section_number":"40.1-28.9","catch_line":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","order_by":null,"url":"\/40.1-28.9\/"},{"id":75518,"section_number":"40.1-33.3","catch_line":"Definitions","order_by":null,"url":"\/40.1-33.3\/"}],"refers_to":false,"permalink":{"id":219915,"object_type":"law","relational_id":63013,"identifier":"40.1-28.10","token":"40.1\/3\/1.1\/40.1-28.10","url":"\/40.1-28.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.10\/","token":"40.1\/3\/1.1\/40.1-28.10","dublin_core":{"Title":"Minimum wages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Prior to May 1, 2021, every employer<\/span> shall pay to each of its employees<\/span> wages at a rate not less than the federal minimum wage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Beginning May 1, 2021, every employer<\/span> shall pay to each of his employees<\/span> at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision “employee<\/span>” means any person or individual who is enrolled in an established employer<\/span> on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> From May 1, 2021, until January 1, 2022, every employer<\/span> shall pay to each of its employees<\/span> wages at a rate not less than the greater of (i) $9.50 per hour or (ii) the federal minimum wage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> From January 1, 2022, until January 1, 2023, every employer<\/span> shall pay to each of its employees<\/span> wages at a rate not less than the greater of (i) $11.00 per hour or (ii) the federal minimum wage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> From January 1, 2023, until January 1, 2025, every employer<\/span> shall pay to each of its employees<\/span> wages at a rate not less than the greater of (i) $12.00 per hour or (ii) the federal minimum wage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> From and after January 1, 2025, every employer<\/span> shall pay to each of his employees<\/span> wages at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> By October 1, 2024, and annually thereafter, the Commissioner<\/span> shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1. The Commissioner<\/span> shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department<\/span> of Labor, or a successor index as calculated by the U.S. Department<\/span> of Labor, has increased during the most recent calendar year for which such information is available. The amount of each annual adjustment shall not be less than zero. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMINIMUM WAGES (\u00a7 40.1-28.10)\n\nA. 1. Prior to May 1, 2021, every employer shall pay to each of its employees\nwages at a rate not less than the federal minimum wage.\n\n 2. Beginning May 1, 2021, every employer shall pay to each of his employees at\n a rate not less than the federal minimum wage or 75 percent of the Virginia\n minimum wage provided for in this section, whichever is greater. For the\n purposes of this subdivision “employee” means any person or\n individual who is enrolled in an established employer on-the-job or other\n training program for a period not to exceed 90 days which meets standards set\n by regulations adopted by the Commissioner.\n\nB. From May 1, 2021, until January 1, 2022, every employer shall pay to each of\nits employees wages at a rate not less than the greater of (i) $9.50 per hour or\n(ii) the federal minimum wage.\n\nC. From January 1, 2022, until January 1, 2023, every employer shall pay to each\nof its employees wages at a rate not less than the greater of (i) $11.00 per\nhour or (ii) the federal minimum wage.\n\nD. From January 1, 2023, until January 1, 2025, every employer shall pay to each\nof its employees wages at a rate not less than the greater of (i) $12.00 per\nhour or (ii) the federal minimum wage.\n\nE. From and after January 1, 2025, every employer shall pay to each of his\nemployees wages at a rate not less than the greater of (i) the adjusted state\nhourly minimum wage or (ii) the federal minimum wage.\n\nF. By October 1, 2024, and annually thereafter, the Commissioner shall establish\nthe adjusted state hourly minimum wage that shall be in effect during the\n12-month period commencing on the following January 1. The Commissioner shall\nset the adjusted state hourly minimum wage at the sum of (i) the amount of the\nstate hourly minimum wage rate that is in effect on the date such adjustment is\nmade and (ii) a percentage of the amount described in clause (i) that is equal\nto the percentage by which the United States Average Consumer Price Index for\nall items, all urban consumers (CPI-U), as published by the Bureau of Labor\nStatistics of the U.S. Department of Labor, or a successor index as calculated\nby the U.S. Department of Labor, has increased during the most recent calendar\nyear for which such information is available. The amount of each annual\nadjustment shall not be less than zero.\n\nHISTORY: 1975, c. 530; 1976, c. 736; 1978, c. 371; 1980, c. 532; 1991, cc. 547,\n596; 1997, c. 544; 2020, cc. 1204, 1242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}