Virginia Overtime Labor LawsBelow is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Virginia. Private actions to enforce Virginia’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
Overtime & Minimum Wage Regulations
Virginia Labor Laws are, in fact, the same as those under the Federal Fair Labor Standards Act (FLSA). Minimum wage is $7.25 per hour. Like many other states, Virginia labor laws do not regulate or define benefits packages, vacation days, rest breaks or meal periods. Furthermore there are no restrictions on how long an employee may be required to work or when those hours are unless the employee is under the age of 16 and falls under the state child labor laws. This means that Virginia employees, like all U.S. workers, must receive overtime pay equal to at least 1-1/2 times their usual hourly pay whenever they work more than 40 hours in a workweek.
Exempt or Non-exempt Employees
The general rule of thumb (with some exceptions) is that non-exempt employees are hourly workers and those who are paid a salary of less that $455* per week are usually protected by the provisions of the FLSA. For the most part, again with exceptions, professional, executive, and administrative salaried employees are most often exempt from the FLSA overtime laws. These exemptions are based on the defined tests of the FairPay Overtime Rules which ALL must be met for the employee to be classified as exempt. Most exempt employees must be paid a salary of more than $455* per week, the employees must often have advanced knowledge or creative ability which is used in the employees’ primary duties. Exempt employees must also exercise control as to how and when they accomplish their jobs. * 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 is now reconsidering these changes and appears to favor a lower minimum salary amount. Please see this page for the latest updates. Employee misclassification is also common. One example involved the new assistant manager of a tanning salon who spent most of the workday performing the same tasks done before the promotion—dealing with the customers and wiping down the tanning beds. The only difference was that the employee no longer received overtime pay. In that case the employer was required to reimburse the employee for unpaid overtime. A few of the most common violations under the Virginia labor laws are the same as those which occur under the Federal FLSA:
- You receive comp (compensatory) time off instead of overtime pay.
- You are mistakenly misclassified as an exempt worker and do not receive any overtime pay.
- You are required to work “off the clock” either before clocking in or after clocking out. (e.g. required training or changing clothes while clocked out).