The short answer Virginia's minimum wage is $12.77 in 2026 (CPI-indexed after the legislature declined further step increases), state overtime tracks the FLSA with stronger remedies — and uniquely, Virginia mandates paid sick leave specifically for home health workers averaging 20+ hours a week.
What Virginia requires
Virginia
Minimum wage (2026). $12.77/hour effective January 1, 2026 (CPI-indexed; bills to reach $15.00 were vetoed in 2024–25).
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Overtime. The Virginia Overtime Wage Act requires 1.5x over 40; 2022 amendments (HB 1173) realigned it with FLSA standards AND remedies — liquidated (double) damages with a good-faith defense and a 2-year lookback (3 years for willful violations).
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Home health worker sick leave. Virginia's only paid sick leave mandate targets home care: employers must give paid sick leave (1 hour per 30 worked, up to 40 hours/year) to home health workers who average 20+ hours/week or 90+ hours/month (Va. Code §40.1-33.3).
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Misclassification. Virginia presumes workers are employees unless the employer proves IRS-test contractor status, with a private right of action for misclassified caregivers (Va. Code §40.1-28.7:7).
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The federal baseline (applies in every state)
Federal
FLSA coverage. Caregivers employed by home care agencies are covered by the Fair Labor Standards Act: federal minimum wage ($7.25) and overtime apply, because agencies are 'third-party employers' of domestic service workers.
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2013 Home Care Rule. Under the 2013 Home Care Rule (29 CFR 552.109), third-party employers such as home care agencies may NOT claim the FLSA companionship-services or live-in domestic worker exemptions — only the individual, family, or household using the services can claim them.
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Rescission proposal status (July 2026). On July 2, 2025 DOL proposed rescinding the 2013 Home Care Rule (comments closed Sept. 2, 2025), but as of July 2026 no final rule has issued — the 2013 rule remains legally in effect. Field Assistance Bulletin 2025-4 (July 25, 2025) directed WHD staff to pause enforcement of the rule against third-party agencies, but the FAB does not affect private lawsuits by caregivers, which can still recover back overtime plus liquidated damages.
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Sixth Circuit upholds rule (2026). In April 2026 the Sixth Circuit (DOL v. Americare Healthcare Services) upheld the 2013 Home Care Rule as a valid exercise of authority Congress expressly delegated to DOL, even post-Loper Bright. Practical takeaway for agencies: keep paying minimum wage and time-and-a-half overtime to caregivers unless and until a final rescission rule takes effect.
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Overtime & travel time. Agency caregivers must receive 1.5x their regular rate for hours over 40 per workweek, and travel time between clients during the workday is compensable hours worked (commuting to the first client and home from the last is not).
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Sleep time on 24-hour shifts. For shifts of 24 hours or more, an employer and live-in or shift caregiver may agree to exclude a bona fide sleep period of up to 8 hours if adequate sleeping facilities are provided and the worker usually gets at least 5 hours of uninterrupted sleep; interruptions for work must be paid. On shifts under 24 hours, all time on duty — including permitted sleep — is compensable.
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