Expert-Level Employer of Record Services in Virginia
Hiring and managing employees in Virginia comes with legal complexities, payroll responsibilities, and HR challenges. That’s where HR Options comes in to help your business with specialized employer-of-record services. Our expert team handles everything, from talent acquisition to onboarding, to streamline your business operations and minimize legal risks.
Whether you want to expand your team or hire remote employees, we ensure full compliance with Virginia’s labor laws and HR policies. Our professionals can manage payroll, benefits administration, tax compliance, and other administrative tasks. We also provide an advanced online platform with real-time updates and transparent reporting to help you make informed decisions.
Contact us today to build a winning team and confidently grow your business in Virginia!
Trusted HR Solutions for Your Business in Virginia
Handling the hiring process and managing employment logistics in Virginia can be complex, but our experts make it seamless. Our EOR specialists support businesses of all sizes by handling every aspect of recruitment and compliance. Whether you need temporary staff or a long-term workforce, we ensure a smooth and fully compliant hiring experience. Our HR solutions include:
- On-boarding
- Off-boarding
- Payroll Processing
- Tax compliance
- Timesheet collection
- Wage reporting
- Employee relations & HR support
- Full-service workforce administration
Valuable Benefits for Employees in Virginia
Loyal employees are the backbone of your business success! At HR Options, we design competitive benefits packages to help businesses attract top talent and keep them motivated. Our employer of record specialists collaborate closely with your company to develop a customized plan that aligns with your policies and helps you create a supportive and rewarding workplace. Our benefits plans may include some or all of the following:
- Life Insurance
- Medical Insurance
- Vision Insurance
- Dental Insurance
- Long-Term Disability Insurance (LTD)
- Health Savings Account (HSA)
- Flexible Spending Account (FSA)
- Pension or 401(k) Retirement Plans
Essential Employment Information for Virginia
Looking for reliable employer-of-record services in Virginia? Here’s some essential employment information we think you should know:
What Is the Minimum Wage Rate in Virginia?
As of 2025, Virginia’s minimum wage for most workers is $12.41 per hour. Tipped employees earn a base wage of $2.13 per hour, but employers must ensure total earnings, including tips, meet or exceed the minimum wage. However, certain industries follow separate wage rules, including exemptions for agricultural workers and specific service roles.
What Is Considered Full-Time Employment in Virginia?
Virginia defines a full-time employee as working at least 35 hours per week or 1,680 hours per year. While the Affordable Care Act (ACA) considers employees working 30 or more hours per week full-time for health benefits eligibility, Virginia allows employers to set their policies regarding benefits, overtime, and work hours. Employees should review company policies to understand their full-time status, benefits eligibility, and workplace rights.
What Is Considered Part-Time Employment in Virginia?
Part-time employment in Virginia generally refers to roles where employees work fewer than 30 hours per week. While part-time employees may not always qualify for benefits like health insurance or retirement plans, some businesses offer perks such as flexible schedules or pro-rated benefits to attract and retain talent.
While part-time employees may not always qualify for benefits such as health insurance or retirement plans, some companies offer perks like flexible scheduling or pro-rated benefits to attract and retain talent. Employees can review their employer’s policies to understand eligibility for benefits.
What Are the Overtime Pay Rules in Virginia?
Virginia follows the federal Fair Labor Standards Act (FLSA), which requires employers to pay 1.5 times the regular hourly rate for any hours worked beyond 40 hours a week. However, certain positions may be exempt from overtime based on job duties or industry regulations. Employees should review their employer’s overtime policies to ensure they receive fair compensation for extra hours worked.
How Long Does Onboarding Take in Virginia?
In Virginia, our onboarding process typically takes two business days after receiving all the required information. For non-U.S. citizens, work eligibility verification may take up to three additional days. Our Employer of Record service experts ensure a smooth process to help businesses get new employees up and running quickly.
What is the Payroll Cycle in Virginia?
Virginia law requires employers to pay employees at least once per month. Most employees typically receive payments on set dates, such as the 15th and the last day of the month. These payments are equal in amount and cover completed work.
Are Employers Required to Offer 401(k) in Virginia?
Yes, Virginia requires certain employers to provide a retirement savings plan for their employees. Businesses can offer a qualified savings plan or enroll employees in the state-sponsored RetirePath Virginia program. This program applies to businesses that:
- Have at least 25 employees
- Have operated for at least two years
- Do not already offer a qualified retirement plan
Employers who fail to enroll employees in a retirement plan face a $200 fine per employee per year. RetirePath Virginia automatically deducts a portion of employees’ wages into an IRA to help them save for retirement.
Are Employers Required to Provide Health Insurance in Virginia?
According to the federal Affordable Care Act (ACA), employers with 50 or more full-time employees must offer health insurance benefits. Many businesses also offer supplemental health insurance options to ensure employees can access routine care and emergency coverage. As a trusted EOR service provider, we ensure all employees get the same benefits to maintain fair hiring practices.
Details of New Hire
Paperwork Requirements in Virginia
When hiring employees in Virginia, employers must collect several essential documents to comply with both state and federal regulations. These forms ensure smooth onboarding and legal compliance. Below are the required documents:
Employment Eligibility Verification (Form I-9)
Employers must complete Form I-9 to verify the new hire’s identity and work eligibility in the United States. The employer must complete this verification form within three days of the employee’s start date.
Virginia State Tax Withholding (Form VA-4)
The VA-4 form calculates the correct Virginia state income tax amount to be withheld from an employee’s paycheck. Employees must complete this form based on their tax situation, including allowances and exemptions.
Withholding Tax Form W-4
This federal form determines the exact amount of federal income tax withholding from an employee’s paycheck. Employees must complete it upon hire to ensure proper tax deductions.
Disability Self-Identification Form
This voluntary form allows employees to disclose disabilities as part of affirmative action compliance. The form helps employers meet equal employment opportunity regulations and create an inclusive workplace.
Virginia New Hire Reporting Form
Virginia employers must report all new hires to the Virginia New Hire Reporting Center within 20 days of the employee’s start date.
Local Requirements
Follow additional paperwork requirements for new hires in Flagstaff.
Employment Taxes in Washington
Direct Deposit Form
If a company offers direct payroll deposits, this form helps employees provide their banking information for seamless payments.
Employment Contract
This contract outlines the terms of employment if required by the company.
Job Offer and Description
It provides the employee with a written copy of the job offer and a detailed job description.
Disability Self-Identification Form
If offering benefits, employers should provide forms for health insurance, retirement plans, and other applicable benefits.
Emergency Contact Form
Collects information about whom to contact in case of an emergency involving the employee.
Confidentiality and Non-compete Agreements
These agreements are applicable, especially in industries involving sensitive information or intellectual property.
Employment Taxes in Virginia
Employment taxes and statutory fees affect Virginia employees’ overall payroll. Here’s a clear breakdown of known taxes in this state:
Employer Taxes
| Employment Tax | Tax Percentage |
|---|---|
| FICA (Medicare) | 1.45% |
| FICA (Social Security | 6.2% |
| State unemployment insurance tax (SUTA) | 0.1% to 6.2% |
| Federal unemployment insurance tax (FUTA) (charged on the first $7,000 earnings per year of an employee) | 6% |
Employee Taxes
| Tax Type | Tax Percentage |
|---|---|
| FICA (Medicare) | 1.45% |
| FICA (Social Security | 6.2% |
| Federal income tax | 10% to 37% |
| State income tax | 2% to 5.75% |
Important Leave Laws in Virginia
| Leaves Title | Law |
|---|---|
| Bereavement Leave | Virginia law does not require employers to provide bereavement leave. Employers may offer this benefit at their discretion. |
| Paid Sick Leave | Most private employers in Virginia are not required to provide paid sick leave. However, the state mandates that employers do so for home health workers, who must accrue at least 1 hour of paid sick leave for every 30 hours worked. |
| Blood/Organ/Bone Marrow Donation Leave | Employers with 50 or more employees must provide leave for organ and bone marrow donation. |
| Crime Victims' Leave | All employers must provide leave for employees who are victims of violent crimes, including domestic violence. |
| Court Attendance/Witness Leave | Virginia employers must provide leave for employees required to attend court as witnesses in criminal proceedings. |
| Domestic/Sexual Violence Victims' Leave | All employers must grant leave for employees affected by domestic violence or sexual assault to seek medical treatment, counseling, legal assistance, or relocation. |
| Election Officials' Leave | Under state law, all employers must provide leave for employees serving as election officials on election days. |
| Family and Medical Leave | Virginia does not have a state-mandated family and medical leave program. However, under the Family and Medical Leave Act (FMLA), eligible employees can get up to 12 weeks of unpaid, job-protected leave each year. Employees must work for at least 12 months and log more than 1,250 hours in the previous year. The law applies to employers with 50 or more employees within a 75-mile radius. |
| Family Military Leave | There is no Virginia state law requiring employers to provide family military leave. |
| Jury Duty Leave | All employers must allow employees to take leave for jury duty. Employers cannot penalize or terminate employees for serving on a jury but are not required to provide paid leave. |
| Legislative/Political Leave | No state law in Virginia requires employers to grant leave for legislative or political activities. However, employers can provide paid or unpaid leave for such activities based on company policies. |
| Military Service/Veterans' Leave | All employers must provide leave for employees serving in the military. Additionally, employers must provide leave for Civil Air Patrol service. |
| School Activities/Visitation Leave | Virginia law does not mandate leave for school activities or visitation. Employers may offer this leave at their discretion. |
| Volunteer Emergency Responder Leave | This state law does not mandate leave for volunteer emergency responders. Employers are encouraged to accommodate employees who serve in these roles. |
| Voting Leave | Virginia law does not require employers to provide leave for voting. However, employers may offer this benefit based on their policies. |
Comprehensive Employment Termination Details
Probation Period
In Virginia, no state law requires a probation period for new employees. However, many employers implement trial periods to assess an employee’s performance and suitability. These periods typically range from 3 to 6 months, depending on the company's policies.
Termination Protocol
Virginia follows the "at-will" employment doctrine, which means the employer or employee can terminate employment at any time, with or without cause. However, terminations cannot be discriminatory or retaliatory, as state and federal laws protect employees from wrongful termination. Employers must also comply with the Virginia Human Rights Act and other applicable laws.
Notice Period
Employers or employees are not legally required to give notice before ending employment unless specified in a contract. However, it is common practice for employees to offer a two-week notice period when resigning.
Severance and Final Pay
In Virginia, severance pay is not required unless mentioned in an employment contract or company policy. However, employers must pay any unused vacation or paid time off (PTO) as decided.
New Hire Reporting
Employers must report all new hires and rehires to the New York Department of Taxation & Finance within 20 days of the employee's start date. This report should include the employee’s full legal name, date of birth, address, start date, and social security number.
Local Requirements
Follow additional paperwork requirements for new hires in Flagstaff.
Which Laws Apply to Your Organization?
In the United States, each state has its own laws governing the relationship between employers and employees. Businesses must comply with these regulations to ensure security and avoid penalties. At HR Options, our EOR specialists help you navigate and adhere to state and federal employment laws that apply to your organization. Here are some of the key regulations that may affect your business in Virginia:
| Law | Applies To | Description |
|---|---|---|
| Virginia Human Rights Act (VHRA) | Employers with 6+ employees | This act prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (40 and older), marital status, disability, and status as a veteran. |
| Equal Pay Act | All employers | Mandates equal pay for men and women performing similar work. However, exceptions are allowed for seniority or merit systems. |
| Virginia Overtime Wage Act | All employers | It requires overtime pay at 1.5 times the regular rate for hours over 40 in a workweek. Certain exemptions apply. |
| Virginia Right to Work Law | All employers | Ensures that employment is not conditioned on union membership or payment of union dues. |
| Virginia Ban the Box Law | Public employers | This law prohibits inquiries about arrests, charges, or convictions on initial employment applications, with certain exceptions. |
| Virginia Whistleblower Protection Law | All employers | Protects employees from retaliation for reporting law violations or refusing to engage in illegal activities. |
| Virginia Occupational Safety and Health (VOSH) Act | All employers | It mandates that employers provide a safe working environment and adhere to safety and health standards to prevent workplace injuries and illnesses. |
| Virginia Crime Victim Leave | All employers | Requires employers to provide unpaid leave for employees to attend criminal proceedings if they are victims of a crime. |
| Virginia Child Labor Laws | All employers | Restricts employment of minors, setting limits on hours and prohibiting certain hazardous occupations. Minors under 16 must receive a 30-minute break after working five consecutive hours. |
| Virginia Wage Theft Law | All employers | Imposes penalties on employers for failing to pay wages owed, allowing employees to seek damages. |
| Pregnancy Accommodation Law | Employers with 5+ employees | Requires employers to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions, including more frequent breaks, modified work schedules, and leave. |
| Virginia Employment Discrimination for Medical Cannabis Oil | All employers | Prohibits discrimination against employees for the lawful use of medical cannabis oil, provided they have a valid written certification. |
| Workers' Compensation Law | Employers with 2+ employees | Provides compensation for employees who suffer work-related injuries or illnesses, including medical benefits and wage replacement. |
| Meal Breaks Law | All employers | Requires a 30-minute unpaid meal break for employees under 16 who work more than five consecutive hours. For adults, Virginia does not mandate meal or rest breaks. |
| Virginia Health Insurance Continuation (Mini-COBRA) | Employers with fewer than 20 employees | Allows employees to continue their health insurance coverage for a limited time after employment ends, similar to federal COBRA but applicable to smaller employers. |
| Public Health Emergency Leave | All employers | Mandates paid leave for employees in specific industries during a declared public health emergency. |
Want to Streamline Your Hiring Process?
Contact our HR specialists for the most reliable employer-of-record services and HR solutions to hire top talent and grow your business.