Virginia
Virginia Minimum Wage 2026: $12.77 Now, $13.75 on Jan. 1, 2027
Independently fact-checked against primary sources (last audited September 30, 2026). · 12 primary sources cited on this page. How we verify our legal content
Virginia's minimum wage is $12.77 per hour through December 31, 2026 under Va. Code 40.1-28.10(B). It is scheduled by statute to rise to $13.75 on January 1, 2027 and to $15.00 on January 1, 2028, under 2026 Acts of Assembly chapters 350 and 351 (HB 1 and SB 1). Farm workers, who are excluded from the minimum wage today, become covered employees on January 1, 2027, except H-2A and other temporary foreign workers under 20 C.F.R. Part 655.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the Virginia Minimum Wage Act (Va. Code 40.1-28.9 and following) and the federal Fair Labor Standards Act (FLSA) minimum wage overlay. It does not cover overtime detail or any other state.
What is the minimum wage in Virginia in 2026?
The Virginia minimum wage is $12.77 per hour from January 1, 2026 until January 1, 2027. Va. Code 40.1-28.10(B) says that during that period every employer shall pay each employee "not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage."
The $12.77 figure came from a 2.9% CPI-U adjustment on the prior $12.41 rate, announced by the Virginia Department of Labor and Industry (DOLI) on July 29, 2025. The federal minimum wage is $7.25 per hour under 29 U.S.C. 206(a)(1)(C), so Virginia's rate is the higher standard, and 29 U.S.C. 218(a) preserves the higher state figure. For the federal rules, see federal minimum wage.
The Act does not exempt employees based on the size of their employer, according to the DOLI poster.
Virginia minimum wage schedule: 2027, 2028 and 2029
The 2026 General Assembly replaced the old annual CPI adjustment for 2027 and 2028 with fixed steps. The schedule below is in Va. Code 40.1-28.10.
| Effective date | Virginia minimum wage | Status |
|---|---|---|
| January 1, 2026 | $12.77 | In force |
| January 1, 2027 | $13.75 | Scheduled by statute (40.1-28.10(C)) |
| January 1, 2028 | $15.00 | Scheduled by statute (40.1-28.10(D)) |
| January 1, 2029 | Adjusted state hourly minimum wage, CPI-U indexed | Not yet announced; due by October 1, 2028 |
No inflation announcement is needed for 2027 or 2028, because the dollar amounts are fixed in the Code. Beginning in 2029, the Commissioner adjusts the wage each year by the CPI-U, never below zero, and announces the adjusted rate by October 1 of the preceding year (40.1-28.10(E) and (F)). An employer must always pay the greater of the state figure or the federal minimum wage.
A common assumption is that Virginia adjusts the rate by CPI every January through 2028. It does not: HB 1 and SB 1 replaced that with the fixed $13.75 and $15.00 steps, and CPI-U indexing resumes in 2029. Federal Department of Labor state tables may still list only $12.77, so the enacted 2027 and 2028 steps are not always reflected there.
Farm workers: coverage begins January 1, 2027
Virginia's Act currently excludes farm laborers and farm employees from the definition of "employee" (Va. Code 40.1-28.9(A)). That exclusion is removed from the version of the Code that takes effect January 1, 2027. From that date, farm workers are covered by the state minimum wage, with two remaining exclusions in the 2027 version: temporary foreign workers governed by 20 C.F.R. Part 655 (which includes the federal H-2A program for temporary agricultural workers) and minors employed by a parent or guardian. The Code history for 40.1-28.9 cites 2026 Acts chapters 357 and 358, which the Code of Virginia links to HB 20 and SB 121, and the Governor's release describes those bills as "Paying Virginia's farm workers the state minimum wage."
The federal FLSA has its own agricultural exemption, for example for employers that used no more than 500 man-days of agricultural labor in any calendar quarter of the preceding year (29 U.S.C. 213(a)(6)(A)); it applies independently of the state Act. From July 1, 2030, the grandfathered 214(c) subminimum-wage item is also removed from the Virginia exclusions.
Virginia tipped minimum wage
DOLI's 2026 poster lists a cash wage of $2.13 per hour, tied to the federal tip credit provisions, with wages plus tips required to reach the Virginia rate ($12.77 now). At the current rate that leaves a maximum tip credit of $10.64 ($12.77 less $2.13). Because the credit is the difference, it grows as the state rate rises.
A tipped employee is one who customarily and regularly receives more than $30 per month in tips. Under Va. Code 40.1-28.9(B), an employer's credit for tips is based on its determination unless the employee shows by clear and convincing evidence that the actual tips were less. An employer may not classify a worker as tipped if that worker is barred from soliciting tips. If tips plus the cash wage fall short of the Virginia rate, the employer must pay the difference.
Training wage and workers outside the Virginia Minimum Wage Act
Virginia allows one lower rate. An employee in an established employer on-the-job or other training program, for up to 90 days and meeting the Commissioner's regulations, may be paid the greater of the federal minimum wage or 75% of the Virginia minimum wage (Va. Code 40.1-28.10(A)(2)).
Va. Code 40.1-28.9(A) also lists people who are not "employees" for this Act, through December 31, 2026:
- farm laborers and farm employees (removed January 1, 2027);
- nonprofit volunteers, golf caddies, traveling or outside salesmen paid on commission and taxicab drivers;
- persons under 18 employed by a parent or guardian, institutionalized persons, summer camp employees and anyone under 16;
- students in a bona fide educational program, under-18 full-time students working 20 hours or fewer per week, and work-study students;
- babysitters working under 10 hours per week and au pairs;
- temporary foreign workers under 20 CFR 655, certain individuals under 214(c) certificates employed before July 1, 2023, and employees exempt under FLSA 213(a)(3) (seasonal amusement).
A worker outside this list may still be covered by the federal FLSA, and the higher standard applies where both laws cover the job.
Is there a local minimum wage in Virginia?
The Virginia Minimum Wage Act sets one statewide rate. Va. Code 40.1-28.10 requires every employer to pay at least the greater of $12.77 or the federal minimum wage, with no regional or local variation, so the state floor in Northern Virginia is the same as elsewhere in the state.
Ballot measures and pending changes
No minimum wage question is on the November 3, 2026 Virginia ballot. The three statewide constitutional amendments concern reproductive freedom, marriage and voting rights restoration, per the Virginia Department of Elections. The 2027 and 2028 increases are already law, so nothing on the ballot affects them.
What to do if you are paid less than the minimum wage in Virginia
Contact the Virginia Department of Labor and Industry, Division of Labor and Employment Law, Payment of Wage Unit (804-786-2706, laborlaw@doli.virginia.gov). DOLI's page says the claim form is for those "not being paid the Virginia minimum wage," and the Unit investigates unpaid-wage complaints under Va. Code 40.1-29.
Va. Code 40.1-28.12 routes private remedies to 40.1-29(K): the wages owed plus an equal amount as liquidated damages, prejudgment interest and attorney fees, and triple the wages if the employer knowingly failed to pay. Collective actions are allowed. The limit is 3 years after the claim accrues, tolled while an administrative action is pending (40.1-29(M)).
Penalties also apply. A knowing and intentional violation of the Minimum Wage Act carries a fine of $10 to $200 (40.1-28.11), and 40.1-29(I) allows a civil penalty of up to $1,000 per knowing violation. Va. Code 40.1-33.2 bars an employer from firing or discriminating against a worker for filing a wage complaint or starting a proceeding under 40.1-29. The worker can complain to the Commissioner of Labor and Industry, who may seek reinstatement, lost wages and an equal amount in liquidated damages; DOLI publishes a Payment of Wage Retaliation Claim Form. Va. Code 40.1-27.3 separately protects workers who report a violation of law to a supervisor or a government body, with a civil action available within one year.
The FLSA adds unpaid federal minimum wages plus an equal amount as liquidated damages (29 U.S.C. 216(b)); the U.S. Department of Labor takes complaints at 1-866-487-9243. Wage claims often overlap with final pay problems; see Virginia final paycheck laws, Virginia at-will employment laws and unpaid wages. To estimate overtime, use the overtime calculator.
Disclaimer: This page is general legal information, not legal advice. It covers the Virginia Minimum Wage Act and the federal Fair Labor Standards Act as verified on September 29, 2026. For a specific pay situation, consult a lawyer licensed in Virginia or the Virginia Department of Labor and Industry.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- Virginia final paycheck laws
- Virginia at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in Virginia?
$12.77 per hour from January 1, 2026 through December 31, 2026, under Va. Code 40.1-28.10(B).
Will Virginia's minimum wage go up in 2027?
Yes. It rises to $13.75 per hour on January 1, 2027, a fixed amount in Va. Code 40.1-28.10(C), and to $15.00 on January 1, 2028.
What is the Virginia minimum wage in 2028?
$15.00 per hour from January 1, 2028 under 40.1-28.10(D). CPI-U indexing starts in 2029, with the rate announced by October 1, 2028.
Are farm workers covered by the Virginia minimum wage?
Not until 2027. Farm laborers and farm employees are excluded through December 31, 2026 and become covered employees on January 1, 2027. Temporary foreign workers under 20 C.F.R. Part 655, which includes the federal H-2A program, and minors employed by a parent or guardian remain excluded.
What is the tipped minimum wage in Virginia?
DOLI lists a $2.13 per hour cash wage tied to the federal tip credit provisions, provided wages plus tips reach $12.77. That makes the maximum tip credit $10.64 at the current rate.
Can Virginia employers pay a training wage?
Yes, for up to 90 days in an established training program meeting the Commissioner's regulations: the greater of the federal minimum wage or 75% of the Virginia minimum wage.
Does Virginia have a lower minimum wage for small employers?
No. DOLI states that the Virginia Minimum Wage Act does not exempt employees based on the size of their employer.
How long do I have to sue for unpaid minimum wages in Virginia?
Three years after the claim accrues, tolled while an administrative action is pending (Va. Code 40.1-29(M)).
Where do I file a minimum wage complaint in Virginia?
With the DOLI Payment of Wage Unit at 804-786-2706 or laborlaw@doli.virginia.gov.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 40.1: Labor and Employment
§ 40.1-28.10Minimum wagesIn force
A. 1. Prior to May 1, 2021, every employer shall pay to each of its employees wages at a rate not less than the federal minimum wage. 2. Beginning May 1, 2021, every employer shall pay to each of his employees at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision "employee" means any person or individual who is enrolled in an established employer on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner. B. From January 1, 2026, until January 1, 2027, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage. C. From January 1, 2027, until January 1, 2028, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $13.75 per hour or (ii) the federal minimum wage. D.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 40.1-28.9(Effective until July 1, 2027) Definitions; determining wage of tipped employeeIn force
A. As used in this article: "Adjusted state hourly minimum wage" means the amount established by the Commissioner pursuant to subsection H of § 40.1-28.10. "Domestic service" means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs. "Employee" includes any individual employed by an employer. "Employee" includes a home care provider. "Employee" does not include the following: 1. Any person employed as a farm laborer or farm employee; 2. Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist or where the services rendered to such organization are on a voluntary basis; 3. Caddies on golf courses; 4. Traveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators; 5. Any person under the age of 18 in the employ of his parent or legal guardian; 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 40.1-29Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penaltiesIn forcecited in 5 of our articles
A. As used in this section: "Employer" has the same meaning as provided in 29 U.S.C. § 203. "Wages" includes any remuneration an employer owes to an employee, including hourly wages, minimum wages, piece rate wages, day rates, salaries, overtime wages, legally required prevailing wages, commissions, tips, bonuses, and damages available due to the misclassification of an employee in violation of § 40.1-28.7:7. B. All employers operating a business or engaging an individual to perform domestic service shall establish regular pay periods and rates of pay for employees except executive personnel.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 49 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Pallone v. Marshall Legacy Institute (2000) read Va. Code 40.1-29 as then written to give only an administrative remedy and no implied private action. Federal courts split on whether it supports a Bowman discharge claim: Miller v. Washington Workplace, Inc. (2004) allowed one; Vasquez v. Whole Foods Mkt., Inc. (2018) rejected one.
Opinions citing this section in our collection:
- Coley v. Historic Hotels, Inc. (Virginia Circuit Court 2000, 60 Va. Cir. 466)“…hat his termination was wrongful in that it is violative of Va. Code § 40.1-29, which provides in its pertinent part:…”
- Pallone v. Marshall Legacy Institute (District Court, E.D. Virginia 2000, 97 F. Supp. 2d 742)“…and (iv) violation of the Virginia Wage Payment Act, Va.Code § 40.1-29. Defendant’s threshold dismissal motion…”
- Massachusetts v. Morash (Supreme Court of the United States 1989, 490 U.S. 107)“…34-28-14 (1988); Vt. Stat. Ann., Tit. 21, §§341-345 (1987); Va. Code §40.1-29 (1986); Wash. Rev. Code §§49.48.010 ,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Wage-Theft Overhaul: HB 238 Adds Liquidated and Treble Damages Starting July 1, 2026, Virginia Final Paycheck Laws: No Acceleration, and HB 238's New Cure Deadline, Final Paycheck Laws by State: Deadlines, Penalties, and PTO Payout Rules
§ 40.1-28.12Employee's remediesIn force
Any employer who violates any of the minimum wage requirements of this article shall be liable to the employee or employees affected for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 40.1-28.11PenaltiesIn force
Whoever knowingly and intentionally violates any provisions of this article shall be punished by a fine of not less than $10 nor more than $200.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 40.1-27.3Retaliatory action against employee prohibitedIn forcecited in 3 of our articles
A. An employer shall not discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee: 1. Or a person acting on behalf of the employee in good faith reports a violation of any federal or state law or regulation to a supervisor or to any governmental body or law-enforcement official; 2. Is requested by a governmental body or law-enforcement official to participate in an investigation, hearing, or inquiry; 3. Refuses to engage in a criminal act that would subject the employee to criminal liability; 4. Refuses an employer's order to perform an action that violates any federal or state law or regulation and the employee informs the employer that the order is being refused for that reason; or 5. Provides information to or testifies before any governmental body or law-enforcement official conducting an investigation, hearing, or inquiry into any alleged violation by the employer of federal or state law or regulation. B. This section does not: 1.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 41 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wimmer (District Court, W.D. Virginia 2026)“…immer’s claim under the Whistleblower Protection Statute (Va. Code § 40.1-27.3) because the complaint did not include…”
- Kaywan (District Court, E.D. Virginia 2026)“…the Virginia Whistleblower Protection Act (“VWPA”) at Va. Code § 40.1-27.3. Dkt. 16. In their Motion, Defendant…”
- DePaolis (District Court, E.D. Virginia 2026)“…f contract (Count II); violation of the Whistleblower Act, Va. Code § 40.1-27.3 (Count IID); and a Bowman claim for wr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Whistleblower Laws: Protections and How to Report, Virginia At-Will Employment Laws: Exceptions and Your Rights
§ 40.1-33.2Discriminatory actions prohibitedIn force
A. An employer shall not discharge or in any other manner discriminate against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under § 40.1-29, or has testified or is about to testify in any such proceeding. B. Any employee who is discharged or in any other manner discriminated against in a manner prohibited by this section may file a complaint with the Commissioner, and the Commissioner, with the written and signed consent of an employee, may institute proceedings on behalf of an employee for appropriate remedies for such action, including reinstatement of the employee and recovering lost wages and an additional amount equal to the lost wages as liquidated damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- DePaolis (District Court, E.D. Virginia 2026)“…tive statutory remedy for these same operative facts under Va. Code § 40.1-33.2(B),” referring to the VWPA. Dkt. 27 at…”
- Hill v. Meharry Medical College (District Court, E.D. Virginia 2024)“…ginia Law. 1. Plaintiff Fails to State a Claim Under Va. Code Ann. § 40.1-33.2. Virginia Code Annotated § 40.1-33.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 29
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC
§ 213ExemptionsIn forcecited in 13 of our articles
The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,281 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Christopher v. Smithkline Beecham Corp. (Supreme Court of the United States 2012, 567 U.S. 142)“…mployed . . . in the capacity of [an] outside salesman.” 29 U. S. C. § 213 (a)(1) (emphasis added). “Capacity,” us…”
- Jeffery v. Sarasota White Sox, Inc. (Court of Appeals for the Eleventh Circuit 1995, 64 F.3d 590)“…the overtime provisions of the FLSA under 29 U.S.C. § 213(a)(3). Plaintiff claims that th…”
- Encino Motorcars, LLC v. Navarro (Supreme Court of the United States 2016, 579 U.S. 211)“…ments of 1966, §209, 80 Stat. 836, codified as amended at 29 U. S. C. §213(b)(10)(A). Congress authorized the Depa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: The 2024 Overtime Rule Is Officially Dead: Courts Vacated It and the DOL Restored the $35,568 Salary Threshold, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Unpaid Wages: How to File a Claim and Recover What You're Owed, Employer Threatening to Call Immigration? Your Rights in the U.S.
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027, Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Va. Code 40.1-28.10 (minimum wage)(law.lis.virginia.gov).gov
- DOLI: Virginia minimum wage rate increasing effective January 1, 2026(doli.virginia.gov).gov
- 29 U.S.C. 206 (federal minimum wage)(law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws)(law.cornell.edu)
- DOLI: 2026 Virginia Minimum Wage Poster(doli.virginia.gov).gov
- Va. Code 40.1-28.9 (definitions and exclusions)(law.lis.virginia.gov).gov
- Virginia Department of Elections: November 2026 proposed constitutional amendments(elections.virginia.gov).gov
- DOLI: Payment of Wage program(doli.virginia.gov).gov
- Va. Code 40.1-28.12 (remedies)(law.lis.virginia.gov).gov
- Va. Code 40.1-29 (payment of wages)(law.lis.virginia.gov).gov
- Va. Code 40.1-28.11 (penalty)(law.lis.virginia.gov).gov
- Va. Code 40.1-27.3 (retaliation)(law.lis.virginia.gov).gov
- 29 U.S.C. 216 (penalties and remedies)(law.cornell.edu)
- Va. Code 40.1-33.2 (wage-claim retaliation)(law.lis.virginia.gov).gov
- eCFR: 20 C.F.R. Part 655 (temporary employment of foreign workers, including H-2A)(ecfr.gov).gov