The Virginia Legislature is wasting no time in overhauling the state’s employment protections, having approved seven separate bills that would raise the minimum wage, ban salary history inquiries, and increase paid leave initiatives among other benefits for employees. Governor Abigail Spanberger is now considering all proposals, with a deadline of April 13, 2026 to ratify the measures. While Virginia law has traditionally leaned favorably to employers, the proposed measures are all employee-friendly, signaling a priority shift from the legislature.
H.B. 1 & S.B. 1 – Raising the Minimum Wage
This bill outlines tiered annual increases to Virginia’s minimum wage, starting with $12.77 in 2026 and $13.75 in 2027, before reaching the ultimate $15.00 in January 2028. The bill also imposes annual adjustments to the minimum wage based on the consumer price index.
In addition to raising the minimum wage, companion proposed legislation H.B. 238 would increase penalties for employers that fail to meet their wage payment obligations. Specifically, employers would be liable for triple damages plus attorney’s fees and court costs.
H.B. 5 – Expansion of Paid Sick Leave
H.B. 5 would expand paid sick leave to cover all private employees, along with state and local government workers. It would also provide employees with an hour of paid sick leave for every thirty hours worked. Further, it would mandate that employers allow up to a full week of paid sick leave per year for any reason related to an employee’s physical or mental wellbeing, as well as for the employee to care for a family member. The definition of family member has been expanded to include anyone “whose close association with an employee is the equivalent of a family relationship,” making it incredibly flexible for employees. This provision echoes New York City’s recently passed Local Law 145, expanding sick leave allowances and the permitted reasons for them.
The provisions would not begin to take effect until July 2027, allowing employers time to prepare for the implementation of the new requirements. The rollout would immediately affect companies with at least fifty employees, but the bill provides an additional year-long grace period for private employers with twenty-five or less employees.
Under this statute, the state would be able to investigate complaints by workers and pursue civil penalties against employers who fail to meet their obligations.
S.B. 2 – Paid Family & Medical Leave
This proposed paid family and medical leave bill would establish a new program under the Virginia Employment Commission, funded through payroll contributions from both employers and employees. It would provide eligible employees with 80% of their average weekly wage for up to twelve weeks of paid family and medical leave per covered year.
The bill also broadly defines permissible usage to include an employee’s medical condition or caring for a family member with a serious health condition. This also includes parental leave. The program would be available to self-employed individuals as well.
While the taxes funding the program will likely kick in sooner, the program would begin paying out benefits in January 2029.
H.B. 636 & S.B. 215 – Ban on Pay History Inquiries
This bill would prohibit employers from asking potential job applicants about their salary history or from using that history in hiring and salary negotiations. It also includes anti-retaliation provisions for employees that choose not to share their salary history.
In addition to protecting employee pay history, the bill would penalize companies for not including salary ranges upfront in job listings. Damages for claims made pursuant to this bill could total up to $10,000, plus attorney’s fees and court costs.
H.B. 1173 & S.B. 258 – Workplace Menopause Protections
This bill would update the Virginia Human Rights Act to add menopause and perimenopause to the list of protected categories. Employers would need to consider reasonable accommodations for workers with limitations related to menopause or perimenopause. In conjunction with the new protections, Virginia’s labor and health regulators will initiate a study analyzing menopause in the workplace and the scope of menopause-related policies in benefits, including health insurance. The goal of the study, due to be completed by July 2028, is to create a state-approved list of best practices for accommodations related to these conditions.
This proposed legislation comes on the heels of a Rhode Island statute requiring employers to offer similar accommodations to employees experiencing menopause or perimenopause, indicating a potential national trend in these protections.
H.B. 925 – Statute of Limitations for Discrimination Claims
This proposed bill would expand the statute of limitations for employees to file a workplace discrimination complaint with the Virginia State Attorney General’s Office of Civil Rights under the Virginia Human Rights Act. The time period would increase from 300 days to two years following the alleged discriminatory act.
H.B. 925 would also allow an employee to initiate a lawsuit in the appropriate court 180 days after their initial administrative complaint to the local human rights commission, with or without a right-to-sue letter.
H.B. 1092 – Heat Illness Safety Standards
This bill would require the Virginia Safety and Health Codes Board to issue regulations establishing heat illness prevention standards for both indoor and outdoor workplaces. The rules are due May 2028, and would likely include things like access to water, shade, climate-controlled locations, rest periods, and associated training for managers. These rules would apply not only to W-2 employees, but to independent contractors as well.
Under the new bill, employees could seek injunctive relief and statutory damages for any violations of the regulations.
Leech Tishman has extensive experience advising employers on evolving labor and employment laws. Our team is prepared to guide employers through the significant changes proposed by the Virginia legislature and help employers assess potential compliance obligations, review workplace policies, and prepare for implementation if these measures are signed into law. For assistance or additional information, please contact Lydia A. Pappas at lpappas@leechtishman.com, attorney in Leech Tishman’s Labor & Employment Practice Group.