As July 1 approaches, several new Virginia laws and regulatory changes are set to impact restaurants, hotels, and hospitality businesses across the Commonwealth. From expanded retirement savings requirements and wage transparency rules to new food allergy notification standards and the statewide expansion of the polystyrene container ban, businesses should begin preparing now to ensure compliance.
While additional guidance and regulations are still being developed for several of these measures, VRLTA is actively monitoring implementation and participating in stakeholder discussions where applicable. Below is an overview of the key laws and policy changes members should have on their radar heading into the new fiscal year.
RetirePath Mandate
In Virginia, employers of a certain size are required to offer some form of retirement savings plans to their employees. If they do not offer a private plan, such as a 401(k) or IRA, they are required to participate in the state’s publicly-offered program, RetirePath. This year, a bill passed the Virginia General Assembly, which lowers the participation threshold for compliance with that requirement from 25 employees to 5 employees, and specifically includes all part-time workers. That means that starting on July 1, if you employ 5 or more people, part-time or not, you will need to be offering some form of retirement savings to all employees. You can learn more about RetirePath at their website, and have a look at VRLTA’s previous educational webinar with RetirePath here.
Polystyrene Ban
As a reminder, starting July 1, the expanded polystyrene food container ban is in effect for all restaurants, not just those with 20 or more locations in the Commonwealth. This ban has been a bone of contention throughout the Youngkin Administration, and a final attempt to stave off the final implementation was killed swiftly in this year’s General Assembly Session. As a reminder, the state is not going to be taking the lead in the enforcement of this container ban. Localities will be the ones enforcing the ban on the ground, which means that implementation is bound to be spotty. The Virginia Department of Environmental Quality maintains a helpful FAQ and Resources page, as well as a downloadable list of local contacts for restaurateurs to be able to use if they have questions.
Salary/Wage Transparency
Beginning July 1, all postings for any job, promotion, or transfer must include a wage or salary range up-front, and employers will be prohibited from seeking information on a given applicant’s wage history or relying upon that information for the purposes of hiring or interviewing. While there is a “right to cure,” baked into the legislation, knowing violation of the statute can carry heavy penalties.
Allergy Notification
A bill passed in the 2026 General Assembly Session that will require the Virginia Department of Health to form a poster that will detail the procedures to be followed in the event of a customer-declared food allergy, which must be posted in the back-of-house conspicuously. The work of forming that poster has not begun in earnest, yet, and VRLTA will be among the stakeholder group who help make that a reality. Another part of that legislation is a requirement that every restaurant “include in a conspicuous manner on each menu or on a sign posted conspicuously in the restaurant the following: "If you have a food allergy, please notify us." That part of the law will be in effect, July 1. So if you do not have that statement included on your menus or posted conspicuously in your restaurant, please make plans to do so. In addition, the bill requires that there be some identified method by which someone may declare a food allergy to the given restaurant. This can be in-person or online.
Container Labeling
Similarly, a bill passed in the 2026 General Assembly Session that will require the Virginia Department of Health to develop a set of markings that restaurants will be required to use to denote carry-out items that have been specially prepared and packed as a result of a declared food allergy. While that process has also not yet begun, and VRLTA will be part of the stakeholder group that forms those regulations with VDH, members are advised that July 1, the law will technically be in effect, and if there are no specified procedures around allergen-handling, those should be contemplated and in place.
No-Locals Policies
Beginning July 1, no hotel will be able to turn away a prospective guest based solely on that person’s residential proximity to the hotel in question if that person is seeking lodging to protect their health and safety. This does not preclude a hotel from adopting policies to protect the health and safety of its guests or employees or for other legitimate business purposes provided such policies are in accordance with the Virginia Human Rights Act