Virginia
Make employment in Virginia easy. Let us handle payroll, benefits, taxes, compliance, and even stock options for your team in Virginia, all in one easy-to-use platform.
- Capital City
Richmond
- Currency
United States Dollar ($, USD)
- Population size
8,600,000
Facts & Stats
- Capital City
Richmond
- Currency
United States Dollar ($, USD)
- Population size
8,600,000
- VAT - standard rate
5% (plus additional local taxes)
With a legacy that includes the founding of the US and the presence of numerous government agencies and defence contractors, Virginia has long been a hub for public service and innovation.
Its diverse economy spans numerous sectors such as technology, healthcare, and education, making it an attractive destination for job seekers and businesses alike.
Grow your team in Virginia with Remote
If you want to hire in Virginia, you’ll need to own a legal entity there — or partner with a global employment solutions provider, like Remote.
We can employ top talent in Virginia on your behalf and manage complex HR tasks such as onboarding, payroll, benefits, and taxes. You can also manage and pay your contractors in Virginia through Remote.
Risks of misclassification
Virginia, like many other countries, treats self-employed individuals or contractors and full-time employees differently. Misclassification of contractors in Virginia may lead to fines and penalties for the offending company.
Employing in Virginia
In Virginia, workers’ rights are protected by numerous employment and labour laws, at both the state and federal level. As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.
Here are the key things you need to know about hiring in Virginia.
Hours of work in Virginia
Work and overtime laws in Virginia are laid out in the Code of Virginia and the Virginia State Employee Handbook.
What is considered full-time employment in Virginia?
Under state law, full-time employment is between 30 and 40 hours per week.
Do pay employees get overtime in Virginia?
Under the federal Fair Labour Standards Act, non-exempt employees are entitled to overtime pay of 1.5x their regular pay rate if they work more than 40 hours in a week.
Employees are generally (but not always) exempt from overtime if they:
Earn more than the specified state or federal exemption threshold
Perform a role with duties that are considered executive or managerial
Work in a certified or licensed profession, such as law, accounting, architecture, or engineering
In Virginia, the pay threshold for exemption is currently $684 per week, which is the federal minimum.
Note that the federal pay threshold for exemption is currently being reviewed in the US.
Competitive benefits in Virginia
Remote can help you craft a competitive benefits package to attract and retain the best global talent. Our benefits experts understand the trends, requirements, and expectations of the Virginia labour market, allowing your employees to feel appreciated and thrive.
Our benefits packages in Virginia usually include some or all of the following:
Pension / 401k retirement plan
Medical insurance
Vision insurance
Health Saving Plan (HSA)
Long term disability insurance (LTD)
Dental insurance
Life insurance
Flexible Spending Account (FSA)
Are employers required to provide health insurance in Virginia?
Under the federal Affordable Care Act, organisations with a headcount of 50 or more must offer statutory health insurance to their full-time employees.
Many employers also offer some level of supplemental health insurance. While this can lead to a relative rise in employment costs, it’s an essential benefit that ensures your people have access to routine care and are covered in the event of an emergency.
Because Remote is the employer of record (EOR), it’s important for us to offer the same core benefits to all employees to ensure fair and non-discriminatory hiring practices. This protects both your business and ours.
Note that we do not add a markup on any benefits premiums or administration costs.
Are employers required to offer 401k in Virginia?
Yes. Organisations must offer a retirement plan to their employees. You can either choose your own qualified savings plan, or enrol your employees into the state-sponsored RetirePath Virginia program.
Note that this only applies if your business:
Has at least 25 employees
Has been a registered business for at least two years
Does not already offer a qualified savings plan
Failure to enrol can result in a fine of $200 per employee, per year.
Taxes in Virginia
Employment taxes and statutory fees affect both your payroll and your employees’ paychecks in Virginia.
Employer taxes
Employment Tax | |
|---|---|
6% | Federal unemployment insurance tax (FUTA) (charged on the first $7,000 an employee earns per year) |
0.1% to 6.2% | State unemployment insurance tax (SUTA) |
6.2% | FICA (Social security) |
1.45% | FICA (Medicare) |
Employee taxes
Payroll Tax | |
|---|---|
10% to 37% | Federal income tax |
2% to 5.75% | State income tax |
6.2% | FICA (Social security) |
1.45% | FICA (Medicare) |
Types of leave
Holiday | In Virginia, there is no state or federal law that requires employers to provide paid or unpaid holiday leave to their employees. However, many employers offer 10 days of paid leave after the first year of employment. |
Sick leave | In Virginia, there is no state or federal law that requires employers to provide paid sick leave to their employees, although some organisations do. Can an employer deny sick time in Virginia? Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid sick leave per year, provided they: Have worked for the same employer for at least 12 months Work in a location where at least 50 people are employed by the company within a 75-mile radius |
Parental and maternity leave | Under the FMLA, employees are entitled to up to 12 weeks of unpaid maternity or paternity leave. Some organisations opt to pay a reduced pay during this period. |
Bereavement leave | Employers are not legally required to provide bereavement leave to their employees, although most organisations offer unpaid leave. |
Jury duty | Employees must report for jury duty if summoned (unless exempt). Jurors are typically on call for two weeks. Do employers have to pay for jury duty in Virginia? No. Private sector employers are not required to pay employees on jury service, but they must provide unpaid leave, and cannot penalise or terminate an employee on jury duty. Some employers provide paid leave. |
Military leave | Under state and federal law, employers must grant leave to employees who are members of the military or the National Guard for military duty or training. These employees have the right to take time off for their military obligations, and employers are prohibited from discriminating against them based on their military service. |
Employment termination
Termination process
Like nearly all US states, Virginia is an at-will state. This means both employers and employees can end the employment relationship without reason, provided it is legal.
Remote’s legal experts can help you navigate terminations to ensure employees are only let go fairly, negating any potential legal complications.
Notice period
Employers and employees are not required to provide notice of termination, unless otherwise stated in the employment contract.
Despite this, it's usually customary for employees to provide two weeks' notice when leaving an organisation.
Severance pay
Employers are not legally required to provide severance pay (unless it is stipulated in the employee's contract or in the company policy).
Employers are also not required to pay any accrued but unused holiday time, unless stipulated in the employment agreement.
Probation periods
There is no requirement to provide a probation period for employees, although many companies implement internal probation policies. These policies typically involve a formal performance evaluation after a specified period, such as three or six months.