A Virginia employment contract details the terms and conditions of employment. An employment contract includes elements such as the period of employment, hours of work, the employee’s job responsibilities, the financial compensation the employer will provide, and employment termination details.
In Virginia, a contract is an agreement between two parties in which one party promises to do something in exchange for consideration [1] . This document also abides by common law, so it must contain mutual assent, an offer, and an acceptance.
- Laws: Code of Virginia Title 40.1
- Definition of Employee: According to § 40.1-28.9, an employee is any individual employed by an employer. This definition has several exclusions, including farm laborers and caddies on golf courses.
By Type (4)
Independent Contractor Agreement
Explains the relationship between an independent contractor and a client.
Subcontractor Agreement
Defines the collaboration between a contractor and a subcontractor.
Non-Compete Agreement
Restricts the information an employee can share with competitors.
Non-Disclosure Agreement
Lets parties agree to keep private information secure and protected from public release.
Hiring in Virginia
Ensure you know the Virginia labor laws and regulations before you start writing your Virginia employment contract.
At-Will Employment
Virginia is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: No
- Good-Faith Exception: No
Minimum Wage ($/hr)
The minimum wage in Virginia from January 1, 2023, until January 1, 2025, is $12.00/hr [2]
Child Labor
Virginia requires employment certificates for minors between 14 and 16 years old [3] . Employment certificates can be obtained from the Virginia Department of Labor.
Age certification is mandatory in Virginia for minors 14 and 15 years old. For minors over 16, it must be provided on request.
Payday
Virginia requires employees to be paid on at least a semi-weekly basis, but there are exceptions. Employees whose weekly wages total over 150 percent of the average weekly wage of the Commonwealth may be paid monthly upon agreement of each affected employee [4] .
Meal and Rest Breaks
Virginia does not require minimum paid rest or meal periods.
Recordkeeping Requirements
Virginia employers must keep payroll and unemployment insurance records for a minimum of four years [5] .
Sample
Download a Virginia employment contract template as a PDF or Word file below.
