Virginia – Earned Income Tax Credit (April 2021)

• The IRS has updated its EITC notice for 2021.
• The notice now includes maximum adjusted gross income for each level of dependents claimed:
  • $15,820 ($21,710 if married filing a joint return) with no qualifying children
  • $41,756 ($47,646 if married filing a joint return) with one qualifying child
  • $47,440 ($53,330 if married filing a joint return) with two qualifying children
  • $50,954 ($56,844 if married filing a joint return) with three or more qualifying children
• The notice is available in English and Spanish

Virginia – Minimum Wage (April 2021)

• Effective May 1st, 2021, the minimum wage increases to $9.50 per hour.

Virginia employers must follow both federal and state labor law posting requirements. Below, we’ve summarized these requirements and offered a short explanation of the state-specific workplace posters.

Federal Labor Law Posting Requirements for Virginia

Virginia employers are required to post the following federal labor law posters:

• Equal Employment Opportunity – EEO
• Federal Minimum Wage Poster
• Family and Medical Leave Act (FMLA) Poster
• Occupational Safety and Health Administration (OSHA) Job Safety and Health Poster
• Employee Polygraph Protection Act Poster
• Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster

Virginia-Specific Labor Law Posters

In addition to the federal labor law posters listed above, Virginia employers are also required to post the following mandatory state labor law posters. They must be displayed in a conspicuous and accessible place. Businesses that fail to post these notifications may be subject to penalties or fines.

• *Virginia Unemployment Insurance: Notice for Workers Poster: This poster details employees’ rights to be paid unemployment compensation under Virginia law. To qualify, employees must be either totally unemployed or be working at reduced wages and hours. The poster explains how employees may file for unemployment benefits online or over the phone.
• *Virginia Employer Earned Income Tax Credit Poster: Employees, as well as business owners and farm owners, with low to mid-income, are eligible to claim this credit, which is described as money that “provides a boost to help pay your bills or save for a rainy day.” To qualify, Virginia employees and owners (plus their spouses) must have earned income, have a Social Security number, and be a U.S. citizen or resident alien (all year). They must also either have a qualifying child or meet three criteria: be between the ages of 25 and 64, live in the United States for at least half the year, and not qualify as a dependent of another person. Additionally, filers cannot have investment income over a certain threshold, cannot file as married filing separately, and cannot be required to file a form relating to foreign earned income.
• Virginia Credit for Low-Income Individuals Poster: Certain working individuals and families qualify for the Virginia low-income tax credit. This poster explains where employees can get more information about this benefit. To qualify, the employee’s total family Virginia adjusted gross income—income for the employee, their spouse, and any dependents—must fall below federal poverty guidelines. The maximum credit is $300 for each personal and dependent exemption claimed on the Virginia return. There are limits on the credit depending on the employee’s exemptions, deductions, and subtractions.
• *Virginia Workers’ Compensation Notice Poster (revised in 2020): This poster describes the procedure for employees and employers to follow in the event of an accident or an occupational disease. In summary, employees must notify their employer, in writing, of the accident or occupational disease and the date when it occurred. They must also notify their employer and the Virginia Workers’ Compensation Commission of any claim for compensation for the period of disability beyond the first week after the accident. If employees and employers don’t agree on the amount of compensation, the employee can apply for a hearing within two dates of the injury or diagnosis. In response to an employee notification, the employer must give the employee the names of at least three doctors and the employee must choose one as their treating physician, report the injury to the Workers’ Compensation Commission, and determine the employee’s average weekly compensation.
• *Virginia Occupational Safety and Health Protection Poster (revised in 2020): This poster summarizes the purpose of the Virginia Occupational Safety and Health (VOSH) Law, which is to ensure safe, healthy working conditions for Virginia employees. All employers are required to comply with VOSH’s occupational safety and health standards, rules, regulations, and orders. The law penalizes employers for violations of the law, and employers cannot retaliate against their employees who exercise their rights under this law, including by raising a safety or health concern or by reporting a work-related injury or illness.
• Virginia Human Rights Act Reasonable Accommodations for Pregnancy Notice (new in 2020 and revised in 2021): This poster explains that, starting on July 1, 2020, all employers with five or more employees must offer reasonable accommodations for pregnancy, childbirth, and related medical conditions, including lactation, unless the accommodation would impose an undue hardship. The poster gives examples of accommodations; it also explains that employers cannot discriminate against employees for requesting an accommodation.
• Virginia Human Rights Act Poster (new in 2020 and revised in 2021): This poster explains that it is state policy to protect employees from discrimination because of their race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, veteran status, and disability in employment. It also sets forth the procedure for filing a complaint of discrimination with the Office of the Attorney General, Office of Civil Rights.
• Virginia Covenant Not to Compete Notice (new in 2020): This poster notifies employees that, as of July 1, 2020, they cannot enter, enforce, or threaten to enforce a covenant not to compete with a low-wage employee. All employers must post a copy of the law or a summary of the law that’s been approved by the Virginia Department of Labor and Industry.

Note that employers in various industries may have additional labor law posting requirements: for example, there is a human trafficking poster that certain employers must post. Also, keep in mind that Virginia offers labor law posters in Spanish for employers who have employees who speak English as a second language.

*Included on Spanish poster

NOTE: Spanish posters may not include all notices published on the English poster and may vary from our standard 18″w x 24″h size since some states do not issue all notices in Spanish.

Employment posters must be posted in a conspicuous location.

“Covenant Not to Compete” Prohibited as to Low-Wage Employees – Jun 2020
Earned Income Tax Credit – Feb. 2020
VOSH – Safety & Health – Aug 2019
Earned Income Tax Credit – Feb 2019
VOSH – Safety & Health – Feb 2019
VOSH – Safety & Health – Aug 2018
Virginia Credit for Low-Income Individuals – Mar 2018
Earned Income Tax Credit – Mar 2018
Workers Compensation – Feb 2011
Unemployment – Feb 2011
Safety & Health (VOSH) – Feb 2011
Earned Income Tax Credit – Feb 2011
Virginia Earned Income Tax Credit – Feb 2011

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