Virginia Restaurant Labor Laws (2026): Wages, Tips & Overtime
Minimum wage, tipped pay, overtime, breaks, and minor-employment rules for Virginia restaurant managers in 2026.
Last reviewed: June 2026Virginia has raised its minimum wage steadily and now indexes it to inflation, so the rate climbs each January. For restaurants, Virginia allows the federal tip credit and otherwise tracks the federal wage-and-hour framework closely.
This guide covers Virginia’s 2026 wage figures, the tip credit, overtime, breaks, and minor-employment rules. Confirm details with the Virginia Department of Labor and Industry before relying on them for payroll.
Virginia restaurant labor laws at a glance (June 2026)
| Standard minimum wage | $12.77/hr |
|---|---|
| Tipped minimum (cash) wage | $2.13/hr cash wage |
| Tip credit | Permitted — up to $10.64/hr |
| Overtime | 1.5× after 40 hours/week (aligned with federal) |
| Meal break (adults) | None required for workers 16+; 30-min break for minors under 16 after 5 hours |
| Minimum age to work | 14 (work permit required for ages 14–15) |
Minimum wage for Virginia restaurant workers
Virginia’s minimum wage is $12.77 per hour as of January 1, 2026, up from $12.41. The rate is now adjusted annually based on the Consumer Price Index.
A further legislated increase toward $15.00 has been discussed for January 1, 2027, but is not yet in effect — only the $12.77 rate is current law for 2026.
Tipped wages and the tip credit in Virginia
Virginia permits a tip credit within the federal framework. The tipped cash wage is $2.13 per hour, and the maximum tip credit is the difference between $2.13 and the state minimum — up to $10.64. Tips plus cash wage must reach $12.77, and the employer must make up any shortfall.
Some secondary sources incorrectly claim Virginia allows no tip credit; the accurate reading is that Virginia ties to the federal tip-credit structure. Standard tip-pooling rules apply — managers and owners may not keep employee tips.
Overtime rules in Virginia
The Virginia Overtime Wage Act now aligns with the federal standard: time-and-a-half for hours worked beyond 40 in a workweek. Virginia briefly had a divergent overtime calculation in 2021–2022, but since July 2022 it conforms to federal law.
For tipped employees, overtime is calculated on the full minimum wage rather than the $2.13 cash wage.
Meal and rest breaks in Virginia
Virginia does not require meal or rest breaks for workers 16 and older; it follows the federal framework for them. Short breaks of 5–20 minutes, if offered, are paid, and a bona fide meal break can be unpaid.
Minors under 16 must receive a 30-minute unpaid meal period after every five consecutive hours of work.
Hiring minors at Virginia restaurants
Virginia requires an employment certificate (work permit) for ages 14–15, issued by the Department of Labor and Industry. Workers aged 16–17 do not need a permit. The minimum age for most non-agricultural work is 14.
- Ages 14–15: may work only 7am–7pm (9pm in summer) and not during school hours.
- Ages 14–15 (school): maximum 3 hours on a school day and 18 hours in a school week.
- Ages 14–15 (non-school): maximum 8 hours on a non-school day and 40 hours in a non-school week.
- Ages 16–17: no Virginia restriction on night work. Permitted restaurant tasks for 14–15 year-olds include wait staff (no alcohol dispensing), cashiering, and dishwashing.
Other rules Virginia restaurant managers should know
CPI-indexed minimum wage
Virginia now adjusts its minimum wage each January based on inflation, so restaurants should expect the rate to rise annually. A move toward $15.00 in 2027 has been discussed but is not yet law — plan on $12.77 for 2026.
Overtime back in line with federal
Virginia’s overtime law diverged from the federal calculation in 2021–2022 but has conformed to the FLSA since July 2022. Restaurants can use the standard federal 40-hour overtime method.
Stay compliant without the spreadsheet
Sideworks helps Virginia restaurant managers schedule staff within budget, track labor cost in real time, and keep opening and closing tasks on record — so wage, break, and overtime rules are easier to honor.