Virginia · Unpaid wages · Updated Oct 2026

Virginia wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Virginia’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$12.77minimum wage in 2026
$2.13tipped cash wage
Nodaily overtime
Next paydayfinal pay if fired
3 yearstime limit to file (see details)

Where to file in Virginia

Wage claims in Virginia go to this state office. Filing is usually free.

Office
Virginia Department of Labor and Industry (DOLI), Labor and Employment Law Division, Payment of Wage Unit
Phone
804-786-2706
Languages
Claim for unpaid wages form available in Spanish
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in Virginia

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with Virginia Department of Labor and Industry

    File a Claim for Unpaid Wages with DOLI's Payment of Wage Unit through the DOLI online portal (the fastest way), or print the claim form, sign it, and send it by US mail only (fax and email are not accepted). Include your employer's full name and address, the dates and hours you were not paid, and the total you are owed. DOLI investigates, may resolve the case informally or issue a final order for wages and penalties, and in some cases seeks criminal charges. Filing is free.

  4. Watch the deadline

    File with DOLI within 3 years of when the wages were earned (DOLI claim form). A lawsuit for unpaid wages must be filed within 3 years; the time stops running while a DOLI complaint is pending (Va. Code § 40.1-29(M)). Overtime lawsuits: within 3 years (§ 40.1-29.2).

Minimum wage and overtime in Virginia

Virginia's minimum wage is $12.77 an hour from January 1, 2026 to January 1, 2027. It rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then is adjusted for inflation each year (Va. Code § 40.1-28.10). Some workers are not covered by the state law, such as people under 16 and some full-time students; farm workers become covered on January 1, 2027.

Minimum wage (2026)
$12.77
Tipped cash wage
$2.13
Next change
$13.75 on January 1, 2027

Overtime

Virginia follows the federal FLSA overtime rule: 1.5 times your regular pay for hours over 40 in a workweek, with the federal exemptions. A Virginia employer that breaks it is liable under state law, and you can sue in state court within 3 years (Va. Code § 40.1-29.2). Since July 1, 2026, DOLI can also investigate overtime complaints; for overtime earned before July 1, 2026, DOLI says to go to the US Department of Labor or court. No daily overtime.

Paydays: Hourly workers at least every two weeks or twice a month; salaried workers at least once a month (Va. Code § 40.1-29(B)).

Your final paycheck in Virginia

If you are fired or laid off
By the next regular payday (the day you would have been paid for that work).
If you quit
By the next regular payday (the day you would have been paid for that work).
Law
Va. Code § 40.1-29(B)

When was your final paycheck due in Virginia?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

An employer that does not pay wages owes the wages plus an equal amount as liquidated damages, plus 8% yearly interest from the date the wages were due (Va. Code § 40.1-29(H)). In court, you also get reasonable attorney's fees and costs, and if the employer knowingly failed to pay, triple the wages owed (§ 40.1-29(K)). DOLI can fine an employer up to $1,000 per knowing violation (§ 40.1-29(I)), and willful nonpayment can be a crime: a misdemeanor under $10,000 and a felony at $10,000 or more (§ 40.1-29(F)).

Retaliation and immigration status

Your employer may not fire or punish you because you filed a wage claim or a lawsuit for wages, or testified; you can file a retaliation complaint with DOLI, which can seek your job back, lost wages and an equal amount as damages (Va. Code § 40.1-33.2). Separate laws protect you for discussing pay (§ 40.1-28.7:9) and for reporting a violation of law to a government agency (§ 40.1-27.3).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not take anything out of your pay except taxes or deductions required by law unless you signed a written authorization (Va. Code § 40.1-29(D)). Tipped workers (more than $30 a month in tips) can be paid $2.13 an hour in cash, but cash wage plus tips actually received must reach $12.77 an hour, or the employer must pay the difference (DOLI).

Good to know in Virginia

  • DOLI keeps the name of the person who complained and of witnesses confidential unless they agree (Va. Code § 40.1-29(G)).
  • Your employer must give you a pay stub every payday showing hours, rate, gross pay and deductions (Va. Code § 40.1-29(D)).
  • Your employer may not make you sign an agreement to give up wages for time you worked (Va. Code § 40.1-29(E)).

Forms

Wage-theft calculator for Virginia

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Virginia overtime rule: Virginia follows the federal FLSA overtime rule: 1.5 times your regular pay for hours over 40 in a workweek, with the federal exemptions. A Virginia employer that breaks it is liable under state law, and you can sue in state court within 3 years (Va. Code § 40.1-29.2). Since July 1, 2026, DOLI can also investigate overtime complaints; for overtime earned before July 1, 2026, DOLI says to go to the US Department of Labor or court. No daily overtime.

Penalties your employer may also owe in Virginia: An employer that does not pay wages owes the wages plus an equal amount as liquidated damages, plus 8% yearly interest from the date the wages were due (Va. Code § 40.1-29(H)). In court, you also get reasonable attorney's fees and costs, and if the employer knowingly failed to pay, triple the wages owed (§ 40.1-29(K)). DOLI can fine an employer up to $1,000 per knowing violation (§ 40.1-29(I)), and willful nonpayment can be a crime: a misdemeanor under $10,000 and a felony at $10,000 or more (§ 40.1-29(F)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Virginia’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Virginia

Where do I file a wage claim in Virginia?

With Virginia Department of Labor and Industry (DOLI), Labor and Employment Law Division, Payment of Wage Unit. Phone: 804-786-2706. File a Claim for Unpaid Wages with DOLI's Payment of Wage Unit through the DOLI online portal (the fastest way), or print the claim form, sign it, and send it by US mail only (fax and email are not accepted). Include your employer's full name and address, the dates and hours you were not paid, and the total you are owed. DOLI investigates, may resolve the case informally or issue a final order for wages and penalties, and in some cases seeks criminal charges. Filing is free.

What is the minimum wage in Virginia in 2026?

Virginia's minimum wage is $12.77 an hour from January 1, 2026 to January 1, 2027. It rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then is adjusted for inflation each year (Va. Code § 40.1-28.10). Some workers are not covered by the state law, such as people under 16 and some full-time students; farm workers become covered on January 1, 2027.

Does Virginia have daily overtime?

Virginia follows the federal FLSA overtime rule: 1.5 times your regular pay for hours over 40 in a workweek, with the federal exemptions. A Virginia employer that breaks it is liable under state law, and you can sue in state court within 3 years (Va. Code § 40.1-29.2). Since July 1, 2026, DOLI can also investigate overtime complaints; for overtime earned before July 1, 2026, DOLI says to go to the US Department of Labor or court. No daily overtime.

When is my final paycheck due in Virginia if I'm fired?

By the next regular payday (the day you would have been paid for that work).

When is my final paycheck due in Virginia if I quit?

By the next regular payday (the day you would have been paid for that work).

How long do I have to file a wage claim in Virginia?

File with DOLI within 3 years of when the wages were earned (DOLI claim form). A lawsuit for unpaid wages must be filed within 3 years; the time stops running while a DOLI complaint is pending (Va. Code § 40.1-29(M)). Overtime lawsuits: within 3 years (§ 40.1-29.2).

What can my employer owe besides my wages in Virginia?

An employer that does not pay wages owes the wages plus an equal amount as liquidated damages, plus 8% yearly interest from the date the wages were due (Va. Code § 40.1-29(H)). In court, you also get reasonable attorney's fees and costs, and if the employer knowingly failed to pay, triple the wages owed (§ 40.1-29(K)). DOLI can fine an employer up to $1,000 per knowing violation (§ 40.1-29(I)), and willful nonpayment can be a crime: a misdemeanor under $10,000 and a felony at $10,000 or more (§ 40.1-29(F)).

Can my employer fire me for filing a wage claim in Virginia?

Your employer may not fire or punish you because you filed a wage claim or a lawsuit for wages, or testified; you can file a retaliation complaint with DOLI, which can seek your job back, lost wages and an equal amount as damages (Va. Code § 40.1-33.2). Separate laws protect you for discussing pay (§ 40.1-28.7:9) and for reporting a violation of law to a government agency (§ 40.1-27.3).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Virginia
Sources

Last checked: Oct 2026.

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