Virginia has established limited wage transparency protections that focus specifically on protecting employees’ rights to discuss their wages without fear of retaliation. The Virginia pay transparency law provides important wage discussion protections but does not include salary posting requirements or comprehensive transparency mandates, positioning the state with a narrow but meaningful approach to certain aspects of pay transparency.
Here’s what you need to know about Virginia’s wage transparency protections and how they compare to broader pay transparency trends across other states.
Core Law & Compliance
What Is the Virginia Pay Transparency Law? (2025 Update)
Virginia’s pay transparency framework is built around a specific anti-retaliation provision found in Virginia Code Section 40.1-28.7:9, which protects employees’ rights to discuss wage information without employer interference or punishment.
The law explicitly prohibits employers from discriminating against, discharging, or otherwise retaliating against any employee for inquiring about, discussing, or disclosing their wages or those of other employees. This protection extends to both employees discussing their own wages and employees sharing information about colleagues’ compensation.
Virginia’s approach focuses exclusively on wage discussion protections without including the salary posting requirements, notification mandates, or comprehensive transparency measures found in leading transparency states. The law includes specific penalties for violations, with fines up to $100 per violation.
Virginia Salary Posting Requirements for Employers
Virginia has no requirements for employers to include salary ranges, compensation information, or benefits details in job postings. Unlike states with comprehensive pay transparency mandates, Virginia employers face no legal obligation to disclose wages in job advertisements.
This absence of posting requirements means job seekers in Virginia must navigate the application and interview process without upfront salary information, relying on traditional negotiation methods to determine compensation expectations.
The lack of salary posting requirements places Virginia among the majority of states that have not adopted proactive compensation disclosure mandates, though the state does provide stronger wage discussion protections than many other states without posting requirements.
When Did/Does the Virginia Pay Transparency Law Take Effect?
Virginia’s wage discussion protection under Section 40.1-28.7:9 represents the state’s current approach to pay transparency, focusing on protecting employee speech rights rather than requiring proactive disclosure by employers.
The law establishes clear protections for employees who exercise their rights to discuss wages, with enforcement mechanisms that include specific penalty amounts for violations.
Virginia has not enacted comprehensive pay transparency legislation that would require salary posting or broader transparency measures, maintaining its focus on wage discussion protections as the primary transparency-related worker right.
Employer Responsibilities
Which Employers Must Comply With the Virginia Pay Transparency Law?
All Virginia employers, regardless of size or industry, must comply with the wage discussion protection requirements under Virginia Code Section 40.1-28.7:9. This universal application means that small businesses and large corporations alike cannot discriminate against or retaliate against employees for wage discussions.
The anti-retaliation provisions apply to all private sector employers operating in Virginia, with no exemptions based on company size, industry type, or number of employees.
Virginia’s approach creates uniform obligations for all employers to respect employees’ wage discussion rights, ensuring consistent protection across different types of organizations throughout the state.
Virginia Pay Transparency Thresholds by Employer Size
Virginia’s wage discussion protections do not vary based on employer size, creating uniform obligations for all covered employers in the state.
- All Virginia Employers: Must comply with wage discussion protections and cannot discriminate, discharge, or retaliate against employees for inquiring about, discussing, or disclosing wages (Va. Code § 40.1-28.7:9)
The uniform application across all employer sizes reflects Virginia’s straightforward approach to wage discussion protection, ensuring that workers at organizations of all sizes receive the same fundamental rights to discuss compensation.
Unlike states with graduated requirements based on workforce size, Virginia’s framework applies equally to all employers without size-based variations or enhanced obligations for larger organizations.
Penalties for Violating the Virginia Pay Transparency Law
Virginia provides specific penalty structures for wage transparency violations under Section 40.1-28.7:9. Employers who violate the wage discussion protections may be subject to penalties up to $100 per violation.
This clear penalty structure provides a specific enforcement mechanism for wage discussion protection violations, giving the law meaningful teeth compared to states with less defined enforcement procedures.
The $100 per violation penalty creates financial consequences for employers who retaliate against employees for exercising their wage discussion rights, though the penalty amount is relatively modest compared to some comprehensive transparency states.
Employee Rights & Impact
What Employees Should Know About the Virginia Pay Transparency Law
Virginia employees have important but limited rights under the state’s wage transparency framework. All workers have explicit protection against discrimination, discharge, or other retaliation for inquiring about, discussing, or disclosing wage information.
These protections are broad in scope, covering not only discussions about employees’ own wages but also inquiries and discussions about colleagues’ compensation. Employees can freely share wage information with coworkers, family members, and others without fear of employer retaliation.
However, Virginia employees do not have rights to salary information in job postings, advance notification of wage changes, or the comprehensive transparency benefits available to workers in leading pay transparency states.
Employee Rights Under Virginia Salary Posting Law
Since Virginia has no salary posting requirements, employees and job seekers have no rights to compensation information in job advertisements. This absence of posting requirements means workers must rely on traditional methods to gather salary information during job searches.
Virginia employees’ primary right under state law relates to wage discussion protection, which provides meaningful but narrow protection compared to workers in comprehensive pay transparency states.
The wage discussion protections do provide valuable rights that can help employees identify potential pay disparities through conversations with colleagues and take appropriate action if they discover inequitable compensation practices.
How the Virginia Pay Transparency Law Helps Reduce Wage Gaps
Virginia’s wage discussion protections provide some benefit in addressing wage gaps by enabling employees to identify potential pay disparities through protected conversations with colleagues. When workers can freely discuss compensation without fear of retaliation, patterns of discrimination become more visible.
The anti-retaliation protections ensure that employees who discover pay inequities can share information and take action without facing adverse employment consequences for exercising their discussion rights.
However, without salary posting requirements or comprehensive transparency measures, Virginia’s framework provides limited systematic impact on wage gap reduction compared to states with more comprehensive transparency requirements.
HR & Legal Best Practices
How HR Teams Can Comply With Virginia Pay Transparency Law
HR teams should focus on establishing clear policies and training that protect employees’ wage discussion rights under Virginia law.
Develop comprehensive anti-retaliation policies that explicitly protect employees’ rights to inquire about, discuss, and disclose wage information. Ensure these policies are clearly communicated to all managers and supervisors.
Train management staff on Virginia’s wage discussion protections to prevent inadvertent violations that could result in penalties. Emphasize that employees cannot be disciplined, terminated, or otherwise penalized for wage-related conversations.
Establish procedures for handling complaints related to wage discussion retaliation and ensure that any violations are addressed promptly and appropriately to avoid penalties up to $100 per violation.
Updating Job Postings to Meet Virginia Salary Transparency Rules
Since Virginia imposes no salary posting requirements, employers have complete discretion regarding compensation information in job advertisements. There are no legal obligations to include salary ranges, benefits information, or other compensation details.
However, employers competing for talent in a national market may find it strategically advantageous to voluntarily include salary information to attract candidates who have become accustomed to upfront compensation details from employers in transparency states.
Job postings should focus on compliance with other applicable employment laws while considering competitive positioning against employers in transparency states who provide comprehensive compensation information.
Does the Virginia Pay Transparency Law Apply to Remote or Hybrid Workers?
Virginia’s wage discussion protections apply to all employees working in Virginia, regardless of work arrangement. Remote, hybrid, and in-person workers all have the same rights to discuss wages without fear of retaliation.
For employers with distributed workforces, Virginia’s protections create straightforward compliance obligations that apply equally across all work arrangements, ensuring that remote and hybrid workers receive the same wage discussion protections as traditional in-office employees.
The anti-retaliation provisions apply to all Virginia employees regardless of their work location within the state, maintaining consistent protection across different employment arrangements.
Comparison and Broader Context
How Virginia Pay Transparency Rules Compare With California and New York
Virginia’s approach to wage transparency focuses specifically on wage discussion protections without the comprehensive salary posting requirements found in California and New York. While California and New York require detailed salary disclosure in job postings from covered employers, Virginia provides no posting requirements.
However, Virginia’s explicit wage discussion protections with specific penalty structures provide stronger anti-retaliation measures than some states that focus primarily on posting requirements without robust discussion protections.
The gap between Virginia and leading transparency states remains significant in terms of proactive transparency measures, but Virginia’s focused approach provides meaningful protection for the specific right to discuss wages.
Federal Pay Transparency Requirements vs. Virginia Law
Virginia’s wage discussion protections supplement federal National Labor Relations Act provisions while providing specific state-level enforcement mechanisms and penalty structures. The $100 per violation penalty creates clear state-level consequences for retaliation.
Federal contractors in Virginia benefit from federal salary disclosure requirements that exceed what Virginia state law provides, making federal protections important for comprehensive transparency in the state.
Virginia’s focused approach demonstrates how state legislation can enhance specific aspects of worker protection while federal requirements provide broader transparency mandates for certain employers.
Pay Transparency Laws by State: Where Does Virginia Stand?
Virginia occupies a middle position among states in pay transparency protection, with strong wage discussion rights but no salary posting requirements. The state provides more protection than states with no transparency laws but less comprehensive coverage than leading transparency states.
Virginia’s specific penalty structure for wage discussion violations places it ahead of states with unclear enforcement mechanisms, even if the penalty amount is relatively modest.
The state’s focused approach on wage discussion protections represents a targeted strategy that provides meaningful worker rights in a specific area of pay transparency without comprehensive transparency mandates.
FAQs About the Virginia Pay Transparency Law
Do small businesses need to comply with Virginia pay transparency law?
All Virginia employers, regardless of size, must comply with wage discussion protections and cannot discriminate against, discharge, or retaliate against employees for discussing wages. Violations can result in penalties up to $100 per violation. However, Virginia has no salary posting requirements that apply to businesses of any size.
How should employers update existing job postings?
Virginia does not require salary information in job postings, so employers have no legal obligation to update their job advertisements with compensation details. Employers may choose to include salary ranges voluntarily to remain competitive with employers in transparency states or to attract candidates who expect upfront compensation information.
Are salary ranges required for internal postings as well as external ones?
Virginia has no requirements for salary ranges in either internal or external job postings. The state’s requirements focus only on protecting employees’ rights to discuss wages without retaliation, not on proactive salary disclosure in job advertisements or internal promotion opportunities.
What happens if employers fail to disclose salaries?
Since Virginia does not require salary disclosure in job postings, there are no penalties for failing to include compensation information in advertisements. However, employers who retaliate against employees for discussing wages face penalties up to $100 per violation under Virginia’s wage discussion protection law.
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