Compliance — Virginia

Virginia pay transparency compliance.

Coverage thresholds, what has to be disclosed, by when, and what happens if it isn’t — for employers with people in Virginia.

Virginia

What Virginia actually requires

Virginia's pay transparency law took effect on 1 July 2026 — four weeks ago. It has no size threshold, a private right of action, and a 15-business-day cure window that most employers have not yet built a process around.

HB 636 / SB 215 (2026)

Every posting, every employer

Effective 1 July 2026. No size threshold — all Virginia employers.

Disclose
The wage, salary, or wage/salary range for each job, promotion, transfer or other employment opportunity — internal and external postings alike
Good faith
Set by reference to pay scales, previously determined ranges, the actual range for equivalent positions, or the budgeted amount. Where pay varies by qualifications, minimum and maximum are both required
Not required
Benefits are not required. Narrower than Colorado, Minnesota or Maryland on content
Salary history
Companion ban — may not seek or rely on prior wage history. Voluntarily disclosed history may be used only to justify a higher offer
Enforcement

Cure window, and a private right of action

Unusually, Virginia gives both a cure mechanism and a direct claim.

Cure
15 business days after written notice to correct a non-compliant posting. Curing defeats liability for that posting violation. One notice covers the whole duration of the posting
Not curable
The cure applies to posting violations only — not to salary-history violations
Private claim
Employees and prospective employees may sue within one year, for actual damages plus legal and equitable relief
AG action
Up to $1,000 first violation, up to $5,000 each subsequent, plus other relief the court deems appropriate
In detail

The parts that catch employers out

Why the cure window is doing more work than it looks

Fifteen business days is generous next to Massachusetts' two or Washington's five. But it only defeats liability for posting violations, and it runs from written notice — which means someone has to be receiving and routing those notices. Most employers have no owner for that inbox.

The salary-history side has no cure at all, and that is where the private right of action bites hardest: a prospective employee who was asked about prior pay has a claim regardless of how quickly the posting was fixed.

What we could not verify

The exact Virginia Code section, and whether HB 636 or SB 215 is the operative chaptered act — law firms cite both. There is also no recordkeeping requirement identified in the alerts we reviewed, which is not the same as confirming none exists. Check both with counsel before building a retention policy around the assumption.

Getting ready

A workable sequence

We support Virginia employers on the compensation side — pay equity analysis, range architecture, and how executive pay reads inside a filing or a published range. We are not attorneys and this page is not legal advice; anything marked unverified above should be confirmed with employment counsel before you act on it.

For advisory work in the region see our Virginia Beach executive compensation page.

Common questions

Virginia pay compliance

Does Virginia's pay transparency law apply to small employers?

Yes. There is no size threshold — it applies to all Virginia employers as of 1 July 2026.

What is Virginia's cure period?

Fifteen business days from written notice to correct a non-compliant posting. Curing defeats liability for that posting violation, and one notice covers the posting's whole duration. It does not apply to salary-history violations, which have no cure.

Does Virginia pay law apply to remote workers?

Generally yes where the role could be performed in Virginia or reports into a Virginia supervisor, office or worksite. The specifics vary — some statutes test on where work is performed, others on the reporting line, and several reach out-of-state employers recruiting locally-based remote staff.

Is this page legal advice?

No. It is a compensation practitioner's summary of published requirements, current as at July 2026, intended to help scope the compensation work these obligations create. Items we could not verify are marked as such rather than glossed. Confirm current requirements with employment counsel before acting.

Get in touch

Get ahead of it.

Pay equity analysis and range architecture, sequenced so findings can be acted on rather than merely disclosed.

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