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Virginia Overtime Laws

If your employer doesn't properly apply overtime laws, it may be costing you money. Most employees in Virginia are entitled to overtime pay for any hours worked beyond 40 in a workweek. The minimum overtime wage is 1.5 times an employee's regular rate. However, not all employees qualify for overtime and the laws have numerous exceptions and exemptions. This summary will help you understand the basics of Virginia overtime law.

Virginia Overtime Law Summary

This chart highlights key provisions of Virginia overtime law.

State and Federal Statutes

Overtime Calculation Methods

Hourly: Pay time and a half over 40 hours work/week.

Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.

Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.

If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.

If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

The following classes of employees are not entitled to overtime pay:

  • Railroad workers (most)
  • Truck drivers (most)
  • Outside sales
  • Salary Level Test (pay over federally determined wage)
  • Supervisory employee with management as primary duty

Filing a Wage Complaint

How to File A Complaint U.S. Dept. Of Labor (no Virginia filing option)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Virginia Overtime Laws

Virginia does not have its own laws governing overtime pay. The state applies federal overtime law contained in the Fair Labor Standards Act (FLSA). The FLSA requires overtime pay when a "non-exempt" employee works more than 40 hours in a workweek.

The state recognizes some jobs as not being covered by FLSA. These employees are governed by the Virginia Minimum Wage Act, which contains no overtime requirements.

What Is an Exempt Employee?

An exempt employee is not covered by the FLSA, and is not eligible for overtime; however, a non-exempt employee is covered by the FLSA and therefore is eligible for overtime pay.

For an employee to be considered exempt, their specific job duties and salary must meet all the requirements set by the U.S. Department of Labor. A typical exempt employee is one who performs supervisory or executive duties and is paid on a salary basis not less than $684 per week.

How to Calculate Your Overtime Rate

Virginia mirrors federal law by setting an employee's overtime rate at 1.5 times their normal pay. For example, if your hourly rate is $7.50 an hour, any overtime will be paid at $11.25 per hour. Being a salaried employee does not automatically mean that you are exempt from being paid overtime. If you work more than 40 hours a week and your salary is less than the federal minimum ($455 a week in 2017), you are entitled to overtime for any excess hours worked.

Counting Your Hours in a Workweek

A workweek is defined by federal law as a fixed schedule of a continuous, seven-day, 24-hours per day schedule. It can start on any day of the week and end seven consecutive days later. It doesn't have to be Sunday to Saturday. Any hours worked beyond 40 in this work week are subject to overtime pay.

Which Employers Must Pay Overtime?

Not all employers have to follow federal overtime laws. FLSA covers employers engaged in the following activities:

  • Commerce or the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods for commerce, with gross revenue of not less than $500,000.
  • Operation of a hospital or institution primarily engaged in the care of the sick, aged, or mentally ill who reside on the premises, and private or public schools and institutions of higher education.
  • Public agencies.

Being Denied Overtime Pay in Virginia? Discuss Your Concerns With an Attorney

Failure to pay overtime when it's due is a federal labor violation. If you're experiencing an overtime issue at work, you have legal options. Contact an experienced employment attorney in Virginia who can help you recover any damages and lost wages caused by improper overtime reporting.

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