Federal & State Regulations | Employment contracts - Virginia

State Info

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Virginia law has a similar provision regarding union membership and employment contracts. It also has additional provisions regarding employment contracts.

Union membership

An employer may not require an employee to enter into an agreement requiring union membership or non-membership as a condition of employment. §40.1-60, §40.1-61 and §40.1-64.

Waiver of rights

An employer can not require an employee to enter into an agreement waiving his or her rights to unemployment compensation benefits, nor agree to deduct any portion of the employer’s required contributions from the employee’s wages. §60.2-107

Forfeiture of wages

An employer may not require an employee, except executive personnel, to sign any contract which provides for the forfeiture of the employee's wages for time worked as a condition of employment except as otherwise provided by law. §40.1-29