Attachment G - Code of VA 40.1-28.10 Minimum Wages.pdf
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- Attached to
- RFP GMU-KS0811-26 Landscape Maintenance Services
- Solicitation number
- RFP-127183
- Issued by
- Virginia
About this file
This file is an attachment to a Request for Proposal (RFP) issued by George Mason University, a public institution of higher education and agency of the Commonwealth of Virginia, for landscape maintenance services across multiple campuses. The attachment contains Virginia Code § 40.1-28.10, which establishes the Virginia Minimum Wage Act and sets mandatory wage requirements for all employers operating within the state. The regulation establishes a progressive wage schedule, with minimum hourly rates of $12.77 (effective January 1, 2026 through December 31, 2026), $13.75 (effective January 1, 2027 through December 31, 2027), and $15.00 (effective January 1, 2028 through December 31, 2028). Beginning January 1, 2029, employers must pay the greater of the federal minimum wage or an annually adjusted state minimum wage calculated by the Virginia Commissioner of Labor based on the Consumer Price Index (CPI-U).
All contractors and vendors responding to the George Mason University landscape maintenance RFP must ensure compliance with Virginia's minimum wage requirements as outlined in this statutory provision. Contractors should note that the minimum wage rates will escalate during the potential contract term, with automatic annual adjustments occurring after January 1, 2029, based on federal inflation measures. This compliance requirement applies to all employees working on landscape maintenance services across GMU's Fairfax, Arlington, Prince William (SciTech), Front Royal (SMSC), Potomac Science Center, and Point of View campuses and facilities.
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Code of Virginia Title 40.1. Labor and Employment Chapter 3. Protection of Employees Article 1.1. Virginia Minimum Wage Act
§ 40.1-28.10. Minimum wages
A. 1. Prior to May 1, 2021, every employer shall pay to each of its employees wages at a rate not less than the federal minimum wage.
2. Beginning May 1, 2021, every employer shall pay to each of his employees at a rate not less than the federal minimum wage or 75 percent of the Virginia minimum wage provided for in this section, whichever is greater. For the purposes of this subdivision "employee" means any person or individual who is enrolled in an established employer on-the-job or other training program for a period not to exceed 90 days which meets standards set by regulations adopted by the Commissioner.
B. From January 1, 2026, until January 1, 2027, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage.
C. From January 1, 2027, until January 1, 2028, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $13.75 per hour or (ii) the federal minimum wage.
D. From January 1, 2028, until January 1, 2029, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $15.00 per hour or (ii) the federal minimum wage.
E. From and after January 1, 2029, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) the adjusted state hourly minimum wage or (ii) the federal minimum wage.
F. By October 1, 2028, and annually thereafter, the Commissioner shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1. The Commissioner shall set the adjusted state hourly minimum wage at the sum of (i) the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and (ii) a percentage of the amount described in clause (i) that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available. The amount of each annual adjustment shall not be less than zero.
1975, c. 530; 1976, c. 736; 1978, c. 371; 1980, c. 532; 1991, cc. 547, 596; 1997, c. 544;2020, cc.
1204, 1242;2026, cc. 350, 351.
The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
1 8/24/2026 12:00:00 AM
http://legacylis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0544 http://legacylis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0544 http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1204 http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1242 http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1242 https://lis.virginia.gov/bill-details/20261/HB1/text/CHAP0350 https://lis.virginia.gov/bill-details/20261/SB1/text/CHAP0351
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