The law does exclude from its definition of “low-wage employee” any employee whose income is derived, predominantly or entirely, from sales commissions, incentives, or bonuses paid by the employer. Based on the most recently published statistics, that threshold is $20.30 per hour.
Independent contractors who are compensated for their services at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations reported during the prior calendar year by the Bureau of Labor Statistics of the U.S. Interns, students, apprentices, or trainees employed, with or without pay, at a trade or occupation in order to gain experience in either an educational or work capacity and,. As of July 1, 2020, that threshold will be $1,137 per week This section looks to the reported average annual wage as published by the Virginia Employment Commission. Employees whose average weekly earnings are less than the average weekly wage of the Commonwealth of Virginia computed according to Va. § 40.1-28.7:7, prohibits employers from “enter into, enforc, or threaten to enforce a covenant not to compete with any low-wage employee.” The term “low-wage employee” is a bit of a misnomer in this law, which defines that term to mean: 
Among those, Virginia enacted a new law that goes into effect on Jbanning covenants not to compete (commonly referred to as non-competition agreements) for certain low-income employees and independent contractors. With all the disruption of COVID-19, some recent developments in Virginia’s employment law may have been overlooked by employers.
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