Virginia — Hiring & Onboarding

Employers with more than an average of 50 employees for the previous 12 months who enter into a contract exceeding $50,000 with any Virginia state agency must register for and participate in E-Verify to verify the work authorization of newly hired employees performing work under the public contract. Failure to comply results in debarment from state contracting for up to one year. Virginia also requires all state agencies to enroll in E-Verify and use it for each newly hired employee performing work in the Commonwealth.

Source: Va. Code § 2.2-4308.2; Va. Code § 40.1-11.2

Virginia law prohibits private employers—as well as public employers and educational institutions—from requiring any applicant for employment to disclose information about any arrest, criminal charge, or conviction for simple possession of marijuana, where those records are not open for public inspection under Va. Code § 19.2-389.3(B). This prohibition covers the simple possession of marijuana and extends to charges or convictions under Va. Code §§ 18.2-248.1 and 18.2-250.1, as well as deferred and dismissed violations under Va. Code § 18.2-251.

Scope—subsection (B): The restriction on marijuana inquiry applies to all employers—both private and public—for employment applications and interviews, as stated explicitly in subsection (B). Employers may not "require an applicant for employment or admission" to disclose information about such offenses, either in "any application, interview, or otherwise." Refusing to answer such questions cannot be the sole cause for denial of employment.

Scope—subsection (C): Subsection (C) applies separately to state and local government agencies in the context of licensing, permitting, registration, or public services—not private employment. Its restriction on inquiry is directed specifically at governmental bodies acting in those administrative capacities.

Penalty: Willful violations of subsection (B) constitute a Class 1 misdemeanor, carrying up to 12 months in jail, a $2,500 fine, or both.

Records confidentiality: Criminal history record information relating to marijuana possession charges or convictions is not open for public inspection or employer background checks by virtue of § 19.2-389.3(B), with narrow exceptions for firearm eligibility, law enforcement employment, and pre-sentence investigation.

Sunset: Va. Code § 19.2-389.3 is repealed effective July 1, 2026, at which point Virginia's Clean Slate Act (Va. Code § 19.2-392.15) governs employer inquiry into sealed records.

Source: Va. Code § 19.2-389.3(B), (C)

Virginia requires all employers to report newly hired and rehired employees, as well as independent contractors reasonably expected to be paid $2,500 or more in a year, to the Virginia New Hire Reporting Center. This report must be submitted within 20 calendar days from the employee’s hire date or the start date of the contract with the independent contractor. For rehired employees, the obligation applies where the individual returns to employment after a separation of at least 60 consecutive days.

Information required. Employers must provide the information required by 42 U.S.C. § 653a—including the employee or contractor’s name, address, Social Security number (or ITIN), and date of hire (or contract); and the employer’s name, address, and Federal Employer Identification Number (FEIN). The statute allows reporting "by submitting a copy of the employee's W-4 or the contractor's W-9, or an equivalent form prescribed by the Commissioner, or by electronic means in a format prescribed by the Commissioner."

Frequency and multistate reporting. Employers who submit reports electronically must do so in no fewer than two monthly transmissions, with the schedule and format as the Commissioner prescribes. Employers operating in multiple states may designate one state for reporting, in compliance with federal law, provided they notify both that state and the Secretary of Health and Human Services.

Penalties. Virginia’s statute does not specify a state-level penalty for non-compliance. However, new hire reporting is mandated by federal law, and gaps may expose employers to federal enforcement under 42 U.S.C. § 653a, including potential civil monetary penalties.

Source: Va. Code § 63.2-1946

As of June 2026, Virginia does not impose a general statewide "ban the box" law on private employers restricting when they may inquire into an applicant's broader criminal history (arrests or convictions unrelated to marijuana possession). Virginia law prohibits all employers from requiring disclosure of simple marijuana possession arrests or convictions in employment applications (see Va. Code § 19.2-389.3), and this will be folded into the broader record-sealing framework of the Clean Slate Act (Va. Code § 19.2-392.15) beginning July 1, 2026. However, with the exception of marijuana offenses, there is no Virginia statute or regulation that delays criminal history inquiries or mandates that private employers wait until after an interview or conditional offer to ask about an applicant's criminal record.

Local overlay alert: Some cities or counties may have local ordinances imposing ban-the-box restrictions for public (government) employment, but these do not apply to private sector employers statewide. Notably, the City of Richmond and Fairfax County have local ordinances for public employers; these do not bind private employers unless explicitly stated in future amendments.

Public employers: Virginia state government agencies are subject to a limited ban-the-box requirement. Under Va. Code § 2.2-2905.3, executive branch agencies may not include questions about criminal history on the initial application for state employment—these inquiries must be delayed until later in the hiring process. This prohibition applies only to state agencies, not to other public employers (e.g., local governments or school districts), and not to private employers.

To summarize: Except as to marijuana offenses, and except for executive branch state employment, Virginia does not ban the box for private sector hiring. Employers in specific Virginia localities should check for any local overlay applicable to their government contracting or public employment operations.

Source: Va. Code § 2.2-2905.3; Va. Code § 19.2-389.3; Va. Code § 19.2-392.15

E-Verify deadline for new hires under Virginia’s public contractor law Virginia Code § 2.2‑4308.2 requires contractors with more than 50 employees who enter into certain contracts with Virginia state agencies (contracts exceeding $50,000) to register for and use the federal E‑Verify system to confirm the work eligibility of newly hired employees performing work under the contract. However, the statute does not specify a unique timing requirement or deadline for running new hires through E‑Verify—it simply requires contractors to “use E-Verify to verify information and work authorization of its newly hired employees performing work pursuant to such public contract.”

Default to federal E-Verify deadline (three business days) Absent any Virginia-specific deadline, public contractors must comply with the federal E‑Verify timing requirement. Under both federal E‑Verify regulations and the Form I-9 employment eligibility rules, an E‑Verify case must be initiated no later than the third business day after an employee’s first day of employment. (See FAR 52.222‑54(b); see also 8 C.F.R. § 274a.2(b)).

Summary and practitioner note For contractors subject to Va. Code § 2.2‑4308.2, employers must initiate the E‑Verify process for each newly hired employee performing work under the covered contract within the standard federal deadline—three business days from hire. Virginia law does not override or shorten the federal timing requirement. If Virginia ever amends the law to add a different timing rule, that new deadline would control.

Source: Va. Code § 2.2‑4308.2; FAR 52.222‑54

Employers in Virginia must pay newly hired employees on the same schedule as other employees—there is no special allowance to delay the first wage payment beyond the regular payday. Key rules under Va. Code § 40.1‑29:

• Regular pay periods: Employers must set a regular pay period. Salaried workers must be paid at least once per month, and hourly workers at least once every two weeks or twice each month.

• First pay date timing: A new hire does not get an extended delay. The employer may not postpone wage payment "for a period longer than is reasonably necessary" beyond the regular schedule—i.e., the new hire must be paid on the first regularly scheduled payday that covers their hours.

• Permitted payment methods: Wages must be paid:

1. In lawful U.S. money (cash),
2. By check payable at face value on demand,
3. By electronic funds transfer into an account designated by the employee, or
4. By credit to a prepaid debit card—only with full written disclosure of any fees and the employee’s affirmative consent, unless the employee fails to designate a bank account. In that case, an employer may issue a prepaid card provided it allows at least one free withdrawal or transfer per pay period.

• Termination context: If employment ends before the first payday, the employer still must pay wages on or before that regular payday covering the work.

In short, Virginia law requires treating new hires just like ongoing employees regarding pay timing and methods. There is no extra grace period; the first pay must follow the regular schedule, using one of the authorized delivery methods.

Source: Va. Code § 40.1‑29 – Time and medium of payment; withholding wages; written statement of earnings; Virginia DOLI Payment of Wage Guidance

Prime-only scope under Va. Code § 2.2-4308.2.

Virginia Code § 2.2-4308.2 requires employers with more than 50 employees, entering into a contract exceeding $50,000 with any Commonwealth agency, to enroll in E-Verify and use it for newly hired employees performing work under that contract. The statute assigns this responsibility to the "employer" that is a direct party to the contract. It does not mention, or impose any E-Verify requirement on, subcontractors working under the primary (prime) contract.

Attorney General interpretation. Virginia Attorney General Opinion 11-059 (2011) addresses this point directly, concluding: "subcontractors are not covered by this provision." AG Opinions are not binding precedent, but they are treated as highly persuasive guidance for state compliance questions unless or until a court directly rules otherwise.

Summary. As of June 2026, only the prime contractor that enters into a public contract with a Virginia state agency under Va. Code § 2.2-4308.2 must register with and use E-Verify for newly hired employees on that contract; the statutory requirement does not extend to subcontractors.

Source: Va. Code § 2.2-4308.2 Source: Virginia Attorney General Opinion 11-059 (2011) summary

Virginia law expressly prohibits employers from requiring current or prospective employees to disclose usernames or passwords for their personal social media accounts, or to add the employer or its agents to the list of contacts for those accounts during the hiring process or at any point during employment.

Statutory prohibition: Under Va. Code § 40.1-28.7:5, effective since July 1, 2015, an employer may not:

• Require an applicant or employee to disclose the username and password to their personal social media account; or
• Require an applicant or employee to add an employee, supervisor, or administrator to the list of contacts or friends associated with that social media account.

Retaliation ban: The statute also forbids employers from retaliating against a current or prospective employee for exercising these rights—employers may not discharge, discipline, or otherwise penalize an employee, or fail to hire an applicant, for refusal to provide access or for filing a complaint under the statute.

Employer access to public information: The law does not prohibit employers from viewing information about an applicant or employee that is publicly available—i.e., content accessible without account credentials or explicit permission.

Exception — formal investigation: An employer may request an employee’s username and password if it is reasonably believed to be relevant to a formal investigation or related proceeding, provided the account is the subject of the investigation and access is used solely for that investigation or proceeding.

This statute applies to all Virginia employers, public and private. It is not limited by employer size or sector.

Source: Va. Code § 40.1-28.7:5

Virginia has a specific rule addressing who pays for pre-employment medical examinations in the context of classified state government jobs. Under Va. Code § 2.2-1204(B)(7), when the Commonwealth requires medical examinations or records for applicants to classified positions (the “merit” system covering most state government roles), the responsible state agency, not the applicant, pays the cost of those examinations or the procurement of their medical records. This rule does not explicitly extend to private employers, local governments, non-classified public positions, or contractors.

The cited statute does not address payment or reimbursement for pre-employment medical examinations or medical record procurement in the private sector. Therefore, the rule about state agencies' obligations cannot be read as a prohibition or requirement for non-state employers, and no corresponding statewide provision for the private sector appears in this section of the Virginia Code. (Other industry- or occupation-specific laws—such as those governing law enforcement, health care, or transportation workers—may impose different requirements, but are not referenced in the general employment statutes.)

The ADA and other federal laws impose restrictions on what types of medical exams or inquiries employers can require, and when these can occur in the hiring process, but Virginia law does not add a broader payment prohibition beyond the limited state government context outlined above. Absent other Virginia Code provisions to the contrary, Virginia law is silent on whether private employers may require applicants to pay for pre-employment exams or furnish their own medical records.

In summary: Virginia law expressly requires state agencies (for classified roles) to pay for required pre-employment medical exams or records, but does not place a comparable obligation on private employers under the general employment statutes.

Source: Va. Code § 2.2-1204(B)(7)