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Thursday, June 4, 2026

Top Twelve (Not 10!) Takeaways for Employers from Virginia's 2026 General Assembly Session — Updated! - JD Supra

The 2026 General Assembly Session is in the books. However, Governor Spanberger did not just rubber stamp all the bills that passed in March. Here are the key updates to those laws:

1. Minimum Wage Increases Are Officially Here (HB 1/SB 1)

Virginia's minimum wage will rise to $13.75 on January 1, 2027, then $15.00 on January 1, 2028, followed by an adjusted rate in 2029 set by the Department of Labor and Industry.

Action item: To avoid surprises, employers should prepare their payroll systems now for these annual increases.

2. Pay Transparency and Ban on Salary History (SB 215/HB 636)

Effective July 1, 2026, Employers may no longer seek or rely on salary history and must disclose wage or salary ranges in all job postings, both internal and external. The Governor's amendments softened enforcement significantly:

  • Civil penalties capped at $5,000;
  • Statute of limitations shortened to one year;
  • No collective actions, statutory damages, and no attorney's fees;
  • A 15-day cure period for posting violations; and
  • Sovereign immunity remains a viable defense for public employers.

Action items: Employers should audit all job postings for salary ranges. Train your recruiters to stop asking about salary history—focus only on what candidates are looking for in pay. Document your methodology for setting "good faith" ranges, and don’t just widen the ranges because the breadth could work against you if a claim is made under this new law. Further, be mindful that this new law impacts...



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