Virginia HR guidance for practitioners.
Pick a topic below to see the federal rule, the VA statute, and the practitioner steps Ask HR AI walks you through in a session.
Virginia at a glance
- Report lookback: 7 years (FCRA default). Virginia applies FCRA. Expunged records under Va. Code §19.2-392.2 must be suppressed.
- Ban-the-box: Public sector (Executive Order 41). Governor Northam's 2020 executive order removed the conviction question from state-agency initial applications.
- Salary history: No restriction (Virginia Values Act enhances pay-equity remedies). No statewide salary-history ban, but the Virginia Values Act creates enhanced pay-equity remedies.
- Cannabis: Recreational legal; limited employer protections. Va. Code §40.1-27.4 protects medical-cannabis patients with a valid certification; recreational use does not carry off-duty protection.
Virginia topics
FCRA adverse action in Virginia
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the VA guideBan-the-Box and Fair Chance hiring in Virginia
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the VA guideWage and hour in Virginia
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the VA guideLeaves and accommodations in Virginia
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the VA guideDrug testing and marijuana in Virginia
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the VA guidePay transparency and pay equity in Virginia
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the VA guideHarassment prevention and training in Virginia
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the VA guideBackground check basics for HR in Virginia
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the VA guideRelated SafestHires resources for Virginia
- Virginia background-check rules — the underlying state-screening reference.
- Virginia FACIS healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.