{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/40.1-28.7_9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/40.1-28.7_9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/40.1-28.7_9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/40.1-28.7_9.html"}],"law_id":363351,"edition_id":2,"section_id":363351,"structure_id":51852,"section_number":"40.1-28.7:9","catch_line":"Limiting employees’ sharing wage information with other persons prohibited; civil penalty","history":"2020, c. 1210, \u00a7 40.1-28.7:7.","full_text":"A\n\nNo employer shall discharge from employment or take other retaliatory action against an employee because the employee (i) inquired about or discussed with, or disclosed to, another employee any information about either the employee’s own wages or other compensation or about any other employee’s wages or other compensation or (ii) filed a complaint with the Department alleging a violation of this section. However, the provisions of this section shall not apply to employees who have access to the compensation information of other employees or applicants for employment as part of their essential job functions who disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with a legal duty to furnish information.\n\nB\n\nAny employer that violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employers.\n\nC\n\nThe Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.\n\n","order_by":null,"text":{"0":{"id":1354153,"text":"No employer shall discharge from employment or take other retaliatory action against an employee because the employee (i) inquired about or discussed with, or disclosed to, another employee any information about either the employee’s own wages or other compensation or about any other employee’s wages or other compensation or (ii) filed a complaint with the Department alleging a violation of this section. However, the provisions of this section shall not apply to employees who have access to the compensation information of other employees or applicants for employment as part of their essential job functions who disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with a legal duty to furnish information.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1354154,"text":"Any employer that violates the provisions of this section shall be subject to a civil penalty not to exceed $100 for each violation. The Commissioner shall notify any employer who he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer may request an informal conference regarding such violation with the Commissioner. In determining the amount of any penalty to be imposed, the Commissioner shall consider the size of the business of the employer charged and the gravity of the violation. The decision of the Commissioner shall be final. Civil penalties under this section shall be assessed by the Commissioner and paid to the Literary Fund. The Commissioner shall prescribe procedures for the payment of proposed penalties that are not contested by employers.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1354155,"text":"The Commissioner or his authorized representative shall have the right to petition a circuit court for injunctive or such other relief as may be necessary for enforcement of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51852,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51851,"metadata":{"child_laws":26,"child_structures":0},"date_created":"2026-08-02 02:49:58","date_modified":"2026-08-02 12:33:23","permalink":{"id":1446809,"object_type":"structure","relational_id":51852,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51851,"edition_id":2,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":3,"parent_id":51843,"metadata":{"child_laws":88,"child_structures":8},"date_created":"2026-08-02 02:49:58","date_modified":"2026-08-02 12:33:23","permalink":{"id":1446807,"object_type":"structure","relational_id":51851,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51843,"edition_id":2,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":89,"parent_id":null,"metadata":{"child_laws":237,"child_structures":28},"date_created":"2026-08-02 02:49:54","date_modified":"2026-08-02 12:33:22","permalink":{"id":1446725,"object_type":"structure","relational_id":51843,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363325,"structure_id":51852,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":363324,"structure_id":51852,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":363326,"structure_id":51852,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":363327,"structure_id":51852,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":363332,"structure_id":51852,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":363328,"structure_id":51852,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":363329,"structure_id":51852,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":363330,"structure_id":51852,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":363331,"structure_id":51852,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":363354,"structure_id":51852,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":363333,"structure_id":51852,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; 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Michael Schinke","case_number":"25-1436","citation":null,"date":"2026-03-30","url":"https:\/\/www.courtlistener.com\/opinion\/10830705\/jeremy-skidmore-v-michael-schinke\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 25-1436 Doc: 41 Filed: 03\/30\/2026 Pg: 1 of 10 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"}}}}],"previous_section":{"id":363350,"structure_id":51852,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},"metadata":{"court_decisions":{"0":{"name":"Jeremy Skidmore v. Michael Schinke","case_number":"25-1436","citation":null,"date":"2026-03-30","url":"https:\/\/www.courtlistener.com\/opinion\/10830705\/jeremy-skidmore-v-michael-schinke\/","abstract":" .\u202f.\u202f. USCA4 Appeal: 25-1436 Doc: 41 Filed: 03\/30\/2026 Pg: 1 of 10 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"}}},"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28.7:9\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1210<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1446911,"object_type":"law","relational_id":363351,"identifier":"40.1-28.7:9","token":"40.1\/3\/1\/40.1-28.7_9","url":"\/40.1-28.7_9\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","dublin_core":{"Title":"Limiting employees’ sharing wage information with other persons prohibited; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.7:9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No employer<\/span> shall discharge from employment or take other retaliatory action against an employee<\/span> because the employee<\/span> (i) inquired about or discussed with, or disclosed to, another employee<\/span> any information about either the employee<\/span>’s own wages or other compensation or about any other employee<\/span>’s wages or other compensation or (ii) filed a complaint with the Department<\/span> alleging a violation of this section. However, the provisions of this section shall not apply to employees<\/span> who have access to the compensation information of other employees<\/span> or applicants for employment as part of their essential job functions who disclose the pay of other employees<\/span> or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing<\/span>, or action, including an investigation conducted by the employer<\/span>, or (c) consistent with a legal duty to furnish information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employer<\/span> that violates the provisions of this section shall be subject to a civil penalty<\/span> not to exceed $100 for each violation. The Commissioner<\/span> shall notify any employer<\/span> who he alleges has violated any provision of this section by certified mail. Such notice shall contain a description of the alleged violation. Within 15 days of receipt of notice of the alleged violation, the employer<\/span> may request an informal conference regarding such violation with the Commissioner<\/span>. In determining the amount of any penalty<\/span> to be imposed, the Commissioner<\/span> shall consider the size of the business of the employer<\/span> charged and the gravity of the violation. The decision of the Commissioner<\/span> shall be final. Civil penalties under this section shall be assessed by the Commissioner<\/span> and paid to the Literary Fund. The Commissioner<\/span> shall prescribe procedures for the payment of proposed penalties that are not contested by employers<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> or his authorized representative shall have the right to petition<\/span> a circuit<\/span> court<\/span> for injunctive or such other relief as may be necessary for enforcement of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITING EMPLOYEES’ SHARING WAGE INFORMATION WITH OTHER PERSONS\nPROHIBITED; CIVIL PENALTY (\u00a7 40.1-28.7:9)\n\nA. No employer shall discharge from employment or take other retaliatory action\nagainst an employee because the employee (i) inquired about or discussed with,\nor disclosed to, another employee any information about either the\nemployee’s own wages or other compensation or about any other\nemployee’s wages or other compensation or (ii) filed a complaint with the\nDepartment alleging a violation of this section. However, the provisions of this\nsection shall not apply to employees who have access to the compensation\ninformation of other employees or applicants for employment as part of their\nessential job functions who disclose the pay of other employees or applicants to\nindividuals who do not otherwise have access to compensation information, unless\nthe disclosure is (a) in response to a formal complaint or charge, (b) in\nfurtherance of an investigation, proceeding, hearing, or action, including an\ninvestigation conducted by the employer, or (c) consistent with a legal duty to\nfurnish information.\n\nB. Any employer that violates the provisions of this section shall be subject to\na civil penalty not to exceed $100 for each violation. The Commissioner shall\nnotify any employer who he alleges has violated any provision of this section by\ncertified mail. Such notice shall contain a description of the alleged\nviolation. Within 15 days of receipt of notice of the alleged violation, the\nemployer may request an informal conference regarding such violation with the\nCommissioner. In determining the amount of any penalty to be imposed, the\nCommissioner shall consider the size of the business of the employer charged and\nthe gravity of the violation. The decision of the Commissioner shall be final.\nCivil penalties under this section shall be assessed by the Commissioner and\npaid to the Literary Fund. The Commissioner shall prescribe procedures for the\npayment of proposed penalties that are not contested by employers.\n\nC. The Commissioner or his authorized representative shall have the right to\npetition a circuit court for injunctive or such other relief as may be necessary\nfor enforcement of this section.\n\nHISTORY: 2020, c. 1210, \u00a7 40.1-28.7:7.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}