Virginia

Virginia Final Paycheck Laws: No Acceleration, and HB 238's New Cure Deadline

Independently fact-checkedBy Recording Law Editorial TeamPublished August 13, 20267 min read

Key Takeaways

1No acceleration. Final wages are due on the same regular payday as if employment had continued, for both discharge and voluntary resignation, under § 40.1-29.
2Willful nonpayment carries criminal exposure (a Class 1 misdemeanor if under $10,000 is withheld, a Class 6 felony if $10,000 or more) on top of a separate civil track: liquidated (double) damages for ordinary violations, and treble (triple) damages plus attorney's fees for knowing violations, with a 3-year filing window.
3Effective July 1, 2026, HB 238 (2026 Acts ch. 1040) changed the good-faith defense available to employers: an employer can no longer claim it unless the employer cures the violation by paying all unlawfully withheld wages within 14 days of being notified.
4Virginia has no statutory PTO or vacation-payout mandate. The amended "wages" definition in § 40.1-29 lists hourly, salary, commission, tips, bonus, and similar pay, but does not include accrued vacation. Payout is governed entirely by your employer's own policy.
5Deductions require your written, signed authorization, except for taxes, withholding, or as otherwise required by law.

Virginia does not accelerate final pay at all: wages are due on the same payday you would have received had you kept working, under Va. Code § 40.1-29. The statute makes no distinction between being fired and quitting.

Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

When Is Your Final Paycheck Due in Virginia?

Virginia Code § 40.1-29 uses undifferentiated language, "termination of employment," that covers both discharge and voluntary resignation the same way. There is no accelerated deadline at all: your final wages are due on or before the date you would have been paid had your employment not ended.

"Upon termination of employment an employee shall be paid all wages due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated."

In other words, whether you were fired or you quit, Virginia treats your last paycheck exactly like any other paycheck: it arrives on your normal payday, not sooner.

Watch out: Some payroll-blog sites imply Virginia has a hard "final paycheck within X days" rule separate from your regular payday. It doesn't. The statute creates no such number; your last check simply follows the schedule it always would have.

Penalties: Criminal Charges and Civil Damages

Virginia backs its wage-payment law with both a criminal and a civil track, and the two are separate: the criminal charge is prosecuted by the Commonwealth, while your own remedy as an employee is the civil action.

a close crop of a direct-deposit-style bank receipt beside a coffee cup, figures blurred, morning light

Willful failure to pay wages is a Class 1 misdemeanor if the amount withheld is under $10,000, and a Class 6 felony if it's $10,000 or more. On the civil side, courts can award liquidated (double) damages plus prejudgment interest for an ordinary violation, and treble (triple) damages plus reasonable attorney's fees for a "knowing" violation. A civil action must be commenced within 3 years of when the claim accrued.

"Willful failure to pay wages results in Class 1 misdemeanor charges if under $10,000, or Class 6 felony charges if $10,000 or more... Courts may award triple the amount of wages due and reasonable attorney fees [for knowing violations]... An action under this section shall be commenced within three years after the cause of action accrued."

HB 238's New 14-Day Cure Requirement (Effective July 1, 2026)

Virginia's wage law changed recently, and the change is now in force. HB 238, enacted as 2026 Acts chapter 1040, amended § 40.1-29 (along with several related sections) effective July 1, 2026. Among the changes: an employer can no longer rely on the good-faith defense to a wage claim unless it cures the violation within 14 days of being notified, by paying all unlawfully withheld wages.

"An employer shall not claim the good faith defense unless such employer cures the violation within 14 days of being notified of the violation by paying all wages unlawfully withheld."

The same 2026 legislation also added an explicit statutory definition of "wages," extended paystub recordkeeping to 3 years, and linked minimum-wage and misclassification damages to the same liquidated and treble-damages framework described above. If your Virginia employer disputes a wage claim, whether it responded within that 14-day cure window after notice can now directly affect whether it can still claim good faith as a defense.

Does Virginia Require PTO or Vacation Payout?

No. The "wages" definition in § 40.1-29, as amended by HB 238, covers hourly pay, prevailing-wage pay, piece-rate and day-rate pay, salary, overtime, commissions, tips, bonuses, and misclassification damages, but it does not include accrued vacation or PTO. That statutory silence means payout at separation depends entirely on your employer's own policy or contract. A claim that Virginia's Department of Labor and Industry treats a written payout policy as independently enforceable under the wage-payment law could not be confirmed against a live agency page this session.

Deductions From Your Final Paycheck in Virginia

An employer cannot withhold any part of your wages except for payroll, wage, or withholding taxes, or as otherwise required by law, without your written and signed authorization.

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"No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee."

Filing a Wage Claim in Virginia

The Virginia Department of Labor and Industry (DOLI), Payment of Wage Unit, accepts claims through its self-service portal or a signed paper form by mail; faxed or emailed forms are not accepted. The Commissioner can investigate on a complaint or on the Commissioner's own initiative, and can pursue administrative proceedings or refer the matter to the Attorney General. Separately, you can bring your own private civil action within the 3-year window described above.

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Last updated: 2026-08-12.

Frequently Asked Questions

How long does an employer have to give you your last paycheck in Virginia?

There's no acceleration. Your final wages are due on the same regular payday you'd have received had you kept working, for both a firing and a quit, under Va. Code § 40.1-29.

What changed under Virginia's HB 238?

Effective July 1, 2026, an employer can no longer claim the good-faith defense to a wage-payment violation unless it cures the violation within 14 days of being notified by paying the wages unlawfully withheld.

Is unpaid wages a crime in Virginia?

Willful nonpayment can be a Class 1 misdemeanor (under $10,000 withheld) or a Class 6 felony ($10,000 or more), prosecuted by the Commonwealth. Your own remedy as an employee is the separate civil action for liquidated or treble damages.

Does Virginia require employers to pay out unused vacation?

No. The amended wages definition in § 40.1-29 does not include accrued vacation, so payout at separation depends entirely on your employer's own policy.

How do I file a wage claim in Virginia?

Through the Virginia Department of Labor and Industry's Payment of Wage Unit, via its self-service portal or a signed paper form by mail. A private civil action is also available within 3 years of the violation.

Updates

August 13, 2026

Independently fact-checked against the cited primary sources

Sources and References

Va. Code § 40.1-29, Time and medium of payment; withholding wages (as amended by HB 238, eff. 7/1/2026)(law.lis.virginia.gov).gov
HB 238 (2026 Regular Session), enacted as 2026 Acts ch. 1040, chaptered bill text(lis.blob.core.windows.net).gov
Virginia Dept. of Labor and Industry, Payment of Wage program(doli.virginia.gov).gov

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