Virginia employees may not be protected from overtime violations by Virginia labor laws per se, but they are far from unprotected. Eligible or non-exempt workers are protected by the Federal Labor Standards Act (FLSA) laws which protect every U. S. worker. That begs the question, of course, just who is non-exempt and who is exempt under the FLSA overtime laws.
Often misunderstood, and misclassified, employees can lose valuable overtime pay when misclassified or untutored in the differences between exempt and non-exempt workers.
Virginia labor laws accept by default the FLSA FairPay Overtime Rules which include the following provisions:
- Employees who earn less than $35,568* per year or $684* weekly (**this salary threshold was due to increase to $844 per week as of July 1, 2024, but see below for an update on these changes) are guaranteed overtime protection.
- All employees who do not meet ALL the exemption tests are also guaranteed overtime pay.
- All employees whose days are structured by the employer must also be paid overtime.
More simply, hourly employees who are paid less than $684* per week (**this salary threshold was due to increase to $844 per week as of July 1, 2024, but see below for an update on these changes) are most likely to be non-exempt and must be paid overtime. Salaried professional, administrative, or creative employees who set their own hours and are paid more than $35,568* per year (**this salary threshold was due to increase to $844 per week as of July 1, 2024, but see below for an update on these changes) are most likely to be exempt workers who are not required to be paid for overtime.
* The Department of Labor under the Obama administration increased this salary amount to $913 per week effective 12/1/2016; however, this increase was blocked by a court ruling. The Trump administration instead only increased the minimum salary to $684 per week, effective 1/1/2020. Please see this page for the latest updates.
**Federal Court Undoes New Salary Threshold Increases
On November 15, 2024, a federal judge appointed by Donald Trump released a decision undoing the 2024 Department of Labor (DOL) rule under the Biden administration that increased the minimum salary threshold for exempt employees to $43,888 a year ($844 weekly) effective July 1, 2024, and to $58,656 a year ($1,128 weekly) effective January 1, 2025 (with annual increases thereafter). The court believed that the Department of Labor exceeded its authority by prioritizing salary over job duties when both salary and job duties are required to be considered. While the DOL did initially file an appeal to try to overturn this decision, as of April 29, 2025, the DOL under the Trump administration has asked for a stay of the appeal pending the DOL’s reconsideration of this rule. Therefore, it seems likely that the 2024/2025 salary increases are now dead.
The decision means that the previous salary threshold from 2019 ($684 per week / $35,568 annually) will go back into effect. This decision does not, however, impact any salary threshold changes under state overtime laws (e.g., CA, NY, WA).
Whether due to ignorance of the laws or in an effort to increase earnings, one of the most common violations of the FLSA overtime laws occurs through employee misclassification. Exempt workers must be performing exempt duties for the majority of their workday if they do not receive overtime pay. If, instead they mainly perform the duties on non-exempt employees, then they do not meet all of the tests of exempt workers and must be paid overtime.
Every American worker has the right to be paid for their work and their time spent in furthering the business interests of their employers and these rights are guaranteed under the FLSA overtime labor laws and also in some instances under Virginia labor laws.
If you think you might have a legitimate case against your employer, the experienced overtime attorneys at the Lore Law Firm can help you decide whether you should pursue it or not. Fill out our Case Evaluation Form for a free and confidential evaluation.
