Virginia Overtime Laws: Requirements and Pay

Quick Answer: Virginia enacted its own Overtime Wage Act in 2021, providing state-level overtime protections. Like federal FLSA, it requires 1.5 times regular rate for hours over 40 per week. Virginia law provides additional remedies including potential treble damages.

Virginia now has its own overtime protections.

Virginia Overtime Law

Virginia Overtime Wage Act

Effective 2021:

• State overtime law
• Mirrors FLSA requirements
• Additional remedies
• State enforcement

Basic Requirement

Must pay:

• 1.5x regular rate
• For hours over 40/week
• For non-exempt employees

Why State Law Matters

Virginia advantages:

• State court option
• Treble damages available
• State enforcement
• Broader potential remedies

Who Gets Overtime

Non-Exempt Employees

Generally entitled:

• Hourly workers
• Most workers without exemption
• Regardless of job title

Exempt Employees

May not qualify:

• Executive exemption
• Administrative exemption
• Professional exemption
• Outside sales
• Must meet duties test

Calculating Overtime

Regular Rate

Include:

• Hourly rate
• Non-discretionary bonuses
• Commissions
• Shift differentials

Overtime Rate

Calculation:

• Regular rate × 1.5
• Each hour over 40
• Per workweek

Common Violations

Misclassification

Issues:

• Called "salary" incorrectly
• "Manager" without duties
• Independent contractor

Off-the-Clock

Violations:

• Pre-shift work unpaid
• Post-shift duties
• Working through breaks

Improper Calculation

Problems:

• Wrong regular rate
• Hours not counted
• Averaging weeks

Recovering Overtime

DOLI Complaint

Virginia Department of Labor:

• Phone: 804-371-3104
• Investigation
• State enforcement

Private Lawsuit

Court options:

• State or federal court
• Treble damages (Virginia)
• Attorney's fees

Federal DOL

FLSA claims:

• Phone: 1-866-487-9243
• Federal enforcement
• Liquidated damages

Treble Damages

Virginia Law

Triple damages if:

• Willful violation
• Knowing failure to pay
• Strong deterrent

Calculation

Example:

• Owed $5,000 overtime
• Treble: $15,000
• Plus attorney's fees

Common Scenarios

Scenario 1: Salaried Non-Manager

Situation: Paid salary, no management duties.

Analysis: Likely non-exempt. Entitled to overtime.

Scenario 2: Required Pre-Shift Meeting

Situation: 30-minute meeting before shift, unpaid.

Analysis: Work time. Counts toward overtime.

Scenario 3: "Manager" Title

Situation: Called manager but does same work as hourly.

Analysis: Title doesn't matter. Duties test controls.

Statute of Limitations

Time Limits

Deadlines:

• Virginia OWA: 3 years
• FLSA: 2-3 years

Frequently Asked Questions

Does Virginia have its own overtime law?

Yes, the Virginia Overtime Wage Act since 2021.

When do I get overtime?

After 40 hours in a workweek.

What if I'm salaried?

Salary doesn't automatically mean exempt. Duties test applies.

Can I get triple damages?

Yes, for willful violations under Virginia law.

Related Topics

• Virginia Wages and Hours
• Virginia Minimum Wage
• Virginia Employment Law Hub

Take Action

If owed overtime:

1. Track hours carefully
2. Review exempt status
3. Calculate what's owed
4. File DOLI complaint or
5. Consult attorney

Legal Disclaimer

This article provides general information about Virginia overtime and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.

For official information:

• DOLI: https://www.doli.virginia.gov | 804-371-3104