Virginia Pay Period and Frequency Laws

Various labor laws and regulations are in effect across the United States. Some federal laws apply to all states, but no law is in place around pay period and frequency on a nationwide level. Explore the requirements around the schedule for paying employees in Virginia.

Does Virginia Have Pay Period and Frequency Laws That Differ from Federal Laws?

Yes, Virginia has specific requirements when it comes to paying employees, which extends beyond federal laws. State law focuses more on the specifics of pay frequency and timelines.

How Often Do Employers Need to Pay Employees in Virginia?

Virginia mandates that employers must pay employees regularly. However, payment frequency requirements differ based on the type of worker.

• Hourly and Non-Exempt Employees: Must be paid at least once every two weeks (biweekly), or twice a month (semimonthly) as a minimum requirement.
• Salaried Employees: Those not explicitly covered by Virginia’s overtime provisions (such as those in executive, administrative, or professional roles) may be paid once a month.

Exceptions also may apply for those with written, separate pay agreements. Employees earning more than 150% of the average weekly wage may also agree to being paid monthly.

Are There Designated Virginia Payday Limit Requirements?

Yes, Virginia imposes strict limitations on how far apart paydays can be scheduled. Paydays must be scheduled in a predictable and consistent manner, and employees are required to be informed of the schedule.

How Long After a Pay Period Must Wage be Paid in Virginia?

Virginia law outlines specific deadlines for employers to pay their workers after the close of a pay period. For hourly workers, wages earned during the pay period must be paid no later than seven days after the pay period ends. For salaried employees, the wages can be paid on routine schedules that don’t necessarily coincide with the close of the pay period, as long as payment is made at minimum monthly intervals.

What Are the Penalties to Employers for Late Paychecks in Virginia?

Employers who fail to pay wages on time in Virginia face serious consequences. According to state laws, the following penalties may apply:

• Delayed Wages Penalty: Employees are entitled to recover the full amount of unpaid wages plus any interest accrued during the delay.
• Civil Penalties: The Virginia Department of Labor and Industry may impose fines for violations, starting at $1,000 per offense.
• Lawsuits: Workers may file legal action, seeking recovery for lost wages, interest, and legal costs.

What Are the Paycheck Requirements for An Employee Whose Employment Has Been Terminated?

Virginia law requires prompt payment for terminated employees. Employees who voluntarily resign or are terminated or laid off must receive their checks by the next regular payday.

Are There Any Municipalities or Cities in Virginia That Have Differing Pay Period or Pay Frequency Laws?

No, all businesses operating in the state must adhere to the laws outlined above.

Are There Any Other Laws in Virginia Regarding Pay Periods and Pay Frequency?

Yes. Virginia law requires employers to provide itemized pay statements that include gross earnings, net pay, and itemized deductions. Employers also must get written approval from employees to pay via direct deposit.

Accurate hours are critical to accurate paychecks. An automated time and labor platform like WorkforceHub streamlines how you collect employee time data. Integrations with top payroll platforms ensure that employees receive the proper pay for hours worked. Plus, you can set up pay periods within the platform that comply with Virginia regulations.