VA LEG Non-Compete for Overtime Work

Published on: Apr 10, 2025

On Mar. 24, VA LEG enacted bill expanding non-compete prohibitions.

  • VA LEG enacted bill SB 1218 on low-wage non-compete employer prohibitions.
  • Provisions amended VA LEG 40.1-3-1-40.1-28.7:8 re non-compete agreements.
  • Document dated Mar. 24, 2025, was received on Apr. 7, 2025 due to a fixed feed.
  • Bill Provisions
  • Updated the existing prohibition against an employer entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee.
  • Expanded ban on non-compete agreements for low-wage employees to include those eligible for overtime pay under federal law, regardless of their average weekly earnings
  • Defined low-wage employee as employee entitled to overtime after 40 hours a week.
  • Any employer in violation is subject to a civil penalty of $10,000 for each violation.
  • Does not affect any contracts, covenants, or agreements prior to Jul. 1, 2025.
  • Legislative History
  • On Jan. 8, 2025, bill introduced in Senate; on Jan. 30, 2025, bill passed the Senate.
  • On Feb. 3, 2025, bill introduced in House; on Feb. 18, 2025, bill passed in the House.
  • On Mar. 24, 2025, governor signed bill into law, was assigned as Act Chapter 585.
  • Effectiveness
  • Bill is effective Jul. 1, 2025.
Regulators
VA LEG
Entity Types
CNSM; Corp
Reference
Ch. 585, Bill SB1218, 3/24/2025; Citation: VA LEG 40.1-3-1-40.1-28.7:8;
Functions
Compliance; HR; Legal; Operations
Countries
United States of America
Category
State
N/A
Products
Corporate
Rule Type
Final
Regions
Am
Rule Date
Mar 24, 2025
Effective Date
Jul 1, 2025
Rule ID
249952
Linked to
N/A
Reg. Last Update
Mar 24, 2025
Report Section
US Consumer