2026 Mid-Year Virginia Labor Law Updates
For Virginia employers, your summer to-do list just got a little longer. The Virginia General Assembly was busy this spring, and a wave of new employment laws are officially set to take effect on July 1, 2026. From mandatory pay ranges in your job postings to brand-new protections for volunteer first responders, these updates will directly impact how you hire, how you structure your staff handbook, and how you protect your organization:
Additional Protections for Volunteer Emergency Responders
Beginning July 1, 2026, employers of all sizes will be prohibited from discharging, disciplining, discriminating, or otherwise taking or threatening to take adverse action against employees who miss work because they’re responding to an emergency alarm or a declared state of emergency in their capacity as a volunteer emergency responder. This is based on SB 100 which was signed by the governor on April 6, 2026. A volunteer emergency responder means an active member in good standing of a volunteer fire department or volunteer emergency medical services agency.
Limitations and Exceptions
Employers aren’t required to pay nonexempt employees for time missed while responding to emergencies, though employees can substitute their available paid leave. The law doesn’t apply to employees designated as essential by statute or contract.
Action Item:
Add a policy to your handbook if you don’t already have one.
Expanded Discrimination Protections
Virginia’s SB 637 was signed by the governor on April 13, 2026. Beginning July 1, 2026, Virginia’s employment discrimination law will apply to employers with five or more employees. (Currently, the law generally applies to employers with 15 or more employees, with some exceptions.)
Noncompete Agreement Updates
Virginia’s SB 170 was approved by the governor on April 13, 2026. Starting July 1, 2026, Virginia noncompete agreements won’t be enforceable against employees who are fired without cause, unless the employer provides severance benefits or other monetary payment. Employers are required to disclose these benefits before the noncompete agreement is finalized. What constitutes a termination “for cause” is, unfortunately, not defined in the law.
These limitations only apply to agreements that are created, amended, or renewed on or after July 1, 2026. If you’re using noncompete agreements, we recommend consulting with an attorney to ensure they remain enforceable.
Action Item:
All employers need to post an updated copy of the law (posting was already required).
Expanded Pay Transparency Requirements
Beginning July 1, 2026, Virginia employers of all sizes will be required to include pay ranges in job postings. Additionally, employers will be prohibited from inquiring about an applicant’s pay history. This is based on HB 636/SB 215 which was approved by the governor on April 22, 2026.
Job Postings to Include Pay
Employers will need to include the wage or salary range in both internal and external job postings, meaning either the exact rate of pay or the minimum and maximum pay for the position, determined in good faith.
Salary History Inquiries Prohibited
Employers won’t be able to ask applicants about their wage or salary history. While an applicant can voluntarily provide this information, including to negotiate an offer, an employer can only use it to support a higher wage than the initial offer. In this situation, the employer can confirm the applicant’s pay history. (Keep in mind that negotiated salaries are still subject to equal pay laws, so need to make sense within your pay structure and between sexes.)
Additionally, employers can’t refuse to interview, hire, employ, promote, or otherwise retaliate against an applicant or employee for refusing to provide wage or salary history or for requesting wage or salary range information.
Action Items:
Ensure each job posting has a good faith estimate of a position’s pay range.
Train hiring managers not to ask about or use pay history.
Remove pay history from your job applications.