All Roll Calls
Yes: 157 • No: 71
Sponsored By: Jennifer D. Carroll Foy (Democratic)
Became Law
Minimum wage; farm laborers or farm employees. Eliminates the exemption from Virginia's minimum wage requirements for persons employed as farm laborers or farm employees. The bill has a delayed effective date of January 1, 2027, and is identical to HB 20.
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5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Beginning January 1, 2027, people who provide home health or personal care by the hour or by visit in a person’s home are treated as employees. They receive state wage and labor protections under this law.
Beginning January 1, 2027, Virginia narrows who counts as an “employee” under state wage rules. The law excludes farm laborers; traveling or outside salespeople paid by commission; taxicab drivers; golf caddies; summer camp staff; and people in state prisons, hospitals, or training centers. It also excludes anyone under 16; minors working for a parent or guardian; babysitters under 10 hours a week; students in bona fide educational programs; full‑time students under 18 who work 20 hours or less per week; and full‑time students in work‑study. Au pairs in the federal program, temporary foreign workers under 20 C.F.R. Part 655, and people exempt from the federal minimum wage under 29 U.S.C. § 213(a)(3) are also not employees. These groups do not get this article’s minimum‑wage and related protections.
From January 1, 2027 through July 1, 2030, workers with disabilities who were paid subminimum wages by a federally authorized 214(c) employer before July 1, 2023 are not treated as employees under this law. Starting July 1, 2030, those workers are included as employees and get state wage protections, including minimum‑wage rules.
Beginning January 1, 2027, the Commissioner sets the adjusted state hourly minimum wage under the law. If your employer customarily provides meals or lodging that you actually use, their reasonable cost counts toward your wages. These rules define how pay is figured under state wage law.
Beginning January 1, 2027, you are a tipped employee if you regularly get more than $30 a month in tips from customers. Employers can count an employer‑set amount of tips toward pay unless the worker proves with clear and convincing evidence that actual tips were less. A person cannot be classified as a tipped employee where federal or state law bars them from soliciting tips.
Jennifer D. Carroll Foy
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 157 • No: 71
House vote • 3/3/2026
Passed House
Yes: 63 • No: 35
House vote • 2/26/2026
Reported from Labor and Commerce
Yes: 15 • No: 6
Senate vote • 2/17/2026
Read third time and passed Senate
Yes: 21 • No: 19
Senate vote • 2/16/2026
Senator Perry Substitute agreed to (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/16/2026
Commerce and Labor Amendment rejected
Yes: 0 • No: 0
Senate vote • 2/12/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 40 • No: 0
Senate vote • 2/12/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/11/2026
Reported from Finance and Appropriations
Yes: 10 • No: 5
Senate vote • 2/2/2026
Reported from Commerce and Labor with amendment and rereferred to Finance and Appropriations
Yes: 8 • No: 6 • Other: 1
Acts of Assembly Chapter text (CHAP0358)
Approved by Governor-Chapter 358 (effective 1/1/2027)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB121)
Bill text as passed Senate and House (SB121ER)
Enrolled
Signed by President
Signed by Speaker
Passed House (63-Y 35-N 0-A)
Read third time
Read second time
Reported from Labor and Commerce (15-Y 6-N)
Referred to Committee on Labor and Commerce
Read first time
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB121)
Read third time and passed Senate (21-Y 19-N 0-A)
Senator Perry Substitute agreed to (Voice Vote)
Commerce and Labor Amendment rejected
Engrossed by Senate - floor substitute (Voice Vote)
Reading of substitute waived (Voice Vote)
Floor Offered
Floor substitute printed 26108041D-S1 (Perry)
Passed by for the day
Chaptered
4/8/2026
Enrolled
3/9/2026
Substitute
2/16/2026
Amendment
2/3/2026
Introduced
1/5/2026
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