VIRGINIA - Workers’ Rights

Definition of agricultural worker under state law:

For purposes of Virginia’s Unemployment Compensation statute, the term “agricultural labor” is defined at VA. CODE ANN. § 60.2-201.

Wages and Overtime

Minimum Wage

• There is a state minimum wage law.
• Virginia’s hourly minimum wage is:
  • $12 effective Jan. 1, 2023, through Dec. 31, 2024;
  • $13.50 effective Jan. 1, 2025, through Dec. 31, 2025; and
  • $15 effective Jan. 1, 2026 through Dec. 31, 2026.
• The hourly minimum wage increases scheduled for 2025 and 2026 only become effective if they are re-enacted by the General Assembly before July 1, 2024. If they are not, then the annual minimum wage is to be annually reviewed for inflation-related adjustments starting Jan. 1, 2025.
• Agricultural workers are completely excluded from the state minimum wage. (Va. Code Ann. § 40.1-28.9(A)(1))

Overtime

There is no state law regarding overtime pay.

State Enforcement Agency

Virginia Department of Labor & Industry

Website: https://www.doli.virginia.gov/labor-law/payment-of-wage-english/ (also available in Spanish)

Relevant forms: https://www.doli.virginia.gov/wp-content/uploads/2018/02/lla3-form-2017_English.pdf

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. Farm and horticultural laborers’ employer must have in service more than 3 full-time employees for them to qualify. Va. Code Ann. § 65.2-101(2)(g).

State Enforcement Agency:

Virginia Workers’ Compensation Commission

Website: http://workcomp.virginia.gov/

Relevant Forms: http://workcomp.virginia.gov/vwc-forms

Field Sanitation

• There is a state law regarding field sanitation. (16 Va. Admin. Code § 25-180-10)

State Enforcement Agency:

Virginia Occupational Health and Safety

Website: VOSH Programs, Safety and Health in Agriculture – https://www.doli.virginia.gov/vosh-programs/safety-and-health-in-agriculture/

https://www.virginia.gov/services/virginia-occupational-safety-and-health/

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture. VA. CODE ANN. § 3.2-3900, et seq. and 2 Va. Admin. Code § 5-670.
• Suspected pesticide poisoning is a reportable illness for health care providers. Va. Code Ann. § 3.2-3909. 
• Certified commercial or private applicators must report any potential incident resulting from pesticide exposure as well. 2 Va. Admin. Code § 5-685-170.

State Enforcement Agency:

Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services

Website: http://www.vdacs.virginia.gov/pesticides.shtml 

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• Virginia is a “right to work” state (Va. Code Ann. § 40.1-58), meaning that union membership and dues payments may not be made compulsory. As in other right to work states, an employer is not permitted to require workers to abstain or refrain from membership in a union or labor organization as a condition of employment. (Va. Code Ann. § 40.1-61)

State Legal Services Organizations

Legal Aid Justice Center – Immigrant Advocacy Program

http://www.justice4all.org

Virginia Farm Workers Program, Central Virginia Legal Aid Society

http://www.cvlas.org