Virginia Overtime Laws

2024

It is common for employees to work beyond their normal hours of work. According to Virginia Labor Laws, employers are required to compensate employees for their overtime.

In Virginia, you are entitled to time-and-a-half for every hour worked over 40 in a week.

This article will provide information to successfully navigate Virginia overtime regulations, whether you’re an employer aiming for compliance or an employee defending your rights.

This article covers:

Virginia Overtime Rates

Overtime in Virginia is set at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. 

Since the regular Virginia minimum wage is $12.00 per hour, Virginia’s overtime minimum wage is $18.00 per hour (one and a half times the minimum wage).

Overtime Entitlement in Virginia 

According to Virginia overtime laws, overtime pay is required for any non-exempt employees.

Employees who earn below $844 a week ($43,888 annually) and work in a non-exempt industry are entitled to overtime pay.

An employee’s overall eligibility for overtime pay will be based on what job duties or business they are performing.

Read more about Overtime Exceptions and Exemptions in Virginia.

Refusing to Work Overtime in Virginia

According to Virginia overtime law, employers may face disciplinary action if they refuse to work overtime after their employer requests them to work. 

However, an employer must provide at least 24 hours’ notice of mandatory overtime. Employers must also pay all their non-exempt (eligible for overtime) employees for any mandatory overtime hours.

Overtime Pay for Tipped Employees in Virginia 

Virginia state regulations allow employers to use a “tip credit” system, which enables them to pay tipped employees a lower minimum wage.

However, if a tipped employee in Virginia works overtime, their overtime rate is calculated based on the full minimum wage, not the lower cash wage being paid by the employer. 

In other words, employers cannot factor in tip credits as part of the calculation.

Overtime for Salaried Employees in Virginia 

In Virginia, salaried employees entitled to overtime must divide their salary by the number of hours that salary compensates for to get their regular rate to calculate their overtime rate further.

If an employee’s salary covers less than 40 in a workweek, their regular rate will be added for every subsequent hour working up to the 40. Only after 40 hours will the overtime rate of 1.5 be counted.

If an employee’s salary covers 40 in a workweek, then the overtime rate of 1.5 will be paid for any hours over 40.

Overtime Exceptions and Exemptions in Virginia 

Under the Virginia overtime law, there are four main categories of employees who are not protected by overtime exemption laws as they fall within the umbrella of white-collar occupations To be exempt, white-collar workers must earn at least $844 per week. White-collar employees fall into four categories: administration, executives, professionals, and outside sales.

  • Administration includes non-manual employees who work with business operations, management policies, or administrative training.
  • Executives are business and general managers who oversee at least two employees.
  • Professionals have jobs that require advanced knowledge and extensive education.
  • Outside sales positions involve visiting potential and existing customers at their premises.

Apart from the exemptions provided by the federal government, Virginia state also has specific restrictions on overtime hours for certain occupations. Minimum wage and overtime exemptions are sometimes overlapping but some jobs come under the overtime exemption category only.

Here is the list of occupations not eligible for overtime in Virginia:

  • Farm workers
  • Volunteers working for educational, nonprofit, religious, or charitable organizations
  • Caddies at golf courses
  • Taxicab drivers
  • Minors employed by their guardians/parents
  • Individuals confined in correctional and penal facilities
  • Summer camp workers
  • Minors under 16 years of age, regardless of their job type or employer
  • Student workers working for genuine educational programs, trade schools, or secondary institutions of education for a maximum of 20 hours a week
  • People enrolled in educational institutions provided that they are employed by the said institution
  • Babysitters working for a maximum of 10 hours a week
  • Au pairs participating in the Exchange Visitor Program of the US Department of State
  • Temporary foreign workers and salespeople
  • Vehicle parts people and mechanics are primarily involved in selling or servicing automobiles, trucks, and farm implements, provided they are employed by non-manufacturing establishments
  • Salespeople primarily involved in selling trailers, boats, and aircraft employed by non-manufacturing establishments.

Statute of Limitations For Unpaid Overtime Claims in Virginia

Under the Virginia overtime law, the statute of limitations for filing a complaint regarding overtime is 3 years for willful violations.

Penalties for Not Providing Overtime Pay to Employees in Virginia

Any employer who violates the overtime pay requirements can be held liable for all remedies, damages, or other relief brought on by the employee.

Any employer who knowingly neglects to pay overtime wages can be penalized $1,000 for each violation.

It is advisable to consult with an attorney regarding overtime violations, as penalties may vary based on the severity of the case.

Legal Cases Relating to Overtime Compensation in Virginia

1. Fire Captains in Virginia Wrongly Identified as Exempt from Overtime Pay

In the case of Morrison v. County of Fairfax, a group of fire captains, employed by Fairfax County (Fairfax), alleged that they were entitled to overtime pay. The captains argued that they were not exempt from overtime because they did not meet the Fair Labor Standards Act (FLSA)’s definition of an exempt employee.

The district court initially ruled in favor of the County, finding that the fire captains were exempt from the FLSA’s overtime requirements. However, the Fourth Circuit Court of Appeals reversed the district court’s decision, finding that the fire captains were not exempt from the FLSA’s overtime requirements.

The settlement details of this case were not made publicly available. However, it is known that Fairfax agreed to change its policies to ensure that all fire captains are paid overtime for all the hours they work more than 40 per week.

Key lessons from this case:
  • Fire captains are not exempt from receiving overtime pay under the FLSA.
  • This case highlights the importance of proactive policy changes to ensure ongoing compliance with overtime laws.
  • It is important to properly understand FLSA policies when hiring employees to avoid disputes caused by unpaid overtime.

Learn more about Virginia Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.