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Saturday, May 16, 2026

Virginia Goes to Work: How the Commonwealth’s Sweeping New Employment Protections Impact Employers - Crowell & Moring LLP

The 2026 Statutes

In late April 2026, Virginia Governor Abigail Spanberger signed legislation enacting broad worker protections:

I. Pay Transparency and Salary History Ban — SB 215 — effective July 1, 2026

Virginia’s pay transparency statute, Va. Code § 40.1-28.7:12, prohibits employers from seeking or relying on an applicant’s wage or salary history for compensation decisions, and it requires employers to disclose the position’s “wage or salary range,” set in good faith by reference to actual or budgeted pay scales and wages. While a prospective employee may voluntarily disclose their salary history, the employer may not use the information to refuse an interview, undercut the posted range, or reduce their initial offer.

While the Attorney General may impose civil penalties of $1,000 for a first violation and $5,000 for any subsequent violation, an aggrieved employee may bring a private action within one year of the violation and recover actual damages and equitable relief. However, an employer may avoid a private action by correcting a noncompliant posting within 15 business days of receiving written notice of it.

II. Expanded Non-Compete Restrictions — SB 170 and SB 128 — effective July 1, 2026

Virginia already prohibits covenants not to compete with employees who are non-exempt under the wage-hour laws and earning less than the average Virginia weekly wage ($78,364 annually). SB 170 expands that prohibition prospectively: A new covenant not to compete will be...



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