Remote’s guide to employing in

Virginia
virginia flag

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.

Services available in this country:
Employer of Record ProductPayrollContractor Management
  • Capital City

    Richmond

  • Currency

    United States Dollar ($, USD)

  • Population size

    8,600,000

Services available in this country:
Employer of Record ProductPayrollContractor Management
Virginia forest countryside

Facts & Stats

Bridge in Virginia
  • 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 defense 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.

Rolling hills in Virginia countryside

Employing in Virginia

In Virginia, workers’ rights are protected by numerous employment and labor 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 salary employees get overtime in Virginia?

Under the federal Fair Labor 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 salary threshold for exemption is currently $684 per week, which is the federal minimum.

Note that the federal salary threshold for exemption is currently being reviewed in the US.

Effortless HR in Virginia: Take the Tour

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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 labor 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, organizations 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. Organizations must offer a retirement plan to their employees. You can either choose your own qualified savings plan, or enroll 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 enroll 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

Vacation

In Virginia, there is no state or federal law that requires employers to provide paid or unpaid vacation 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 organizations 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 organizations opt to pay a reduced salary during this period.

Bereavement leave

Employers are not legally required to provide bereavement leave to their employees, although most organizations 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 penalize 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 organization.

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 vacation 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.