VirginiaSB1212026 Regular SessionSenateWALLET

Minimum wage; farm laborers or farm employees, temporary foreign workers.

Sponsored By: Jennifer D. Carroll Foy (Democratic)

Became Law

Summary

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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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Home care workers get protections

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.

Fewer workers covered by wage 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.

Disabled workers gain full wage in 2030

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.

How Virginia sets and counts wages

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.

New rules for tipped workers

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.

Sponsors & Cosponsors

Sponsor

  • Jennifer D. Carroll Foy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0358)

    4/8/2026Governor
  2. Approved by Governor-Chapter 358 (effective 1/1/2027)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB121)

    3/9/2026Senate
  6. Bill text as passed Senate and House (SB121ER)

    3/9/2026Senate
  7. Enrolled

    3/9/2026Senate
  8. Signed by President

    3/9/2026Senate
  9. Signed by Speaker

    3/9/2026House
  10. Passed House (63-Y 35-N 0-A)

    3/3/2026House
  11. Read third time

    3/3/2026House
  12. Read second time

    3/2/2026House
  13. Reported from Labor and Commerce (15-Y 6-N)

    2/26/2026House
  14. Referred to Committee on Labor and Commerce

    2/24/2026House
  15. Read first time

    2/24/2026House
  16. Placed on Calendar

    2/24/2026House
  17. Fiscal Impact Statement from Department of Planning and Budget (SB121)

    2/19/2026Senate
  18. Read third time and passed Senate (21-Y 19-N 0-A)

    2/17/2026Senate
  19. Senator Perry Substitute agreed to (Voice Vote)

    2/16/2026Senate
  20. Commerce and Labor Amendment rejected

    2/16/2026Senate
  21. Engrossed by Senate - floor substitute (Voice Vote)

    2/16/2026Senate
  22. Reading of substitute waived (Voice Vote)

    2/16/2026Senate
  23. Floor Offered

    2/16/2026Senate
  24. Floor substitute printed 26108041D-S1 (Perry)

    2/16/2026Senate
  25. Passed by for the day

    2/13/2026Senate

Bill Text

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