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Virginia State Laws on Overtime Hours

Each state has a department of labor that administers the state wage and hour laws, which include overtime regulations. The state of Virginia is one of the few states that does not have its own overtime laws. Virginia adopts the federal overtime laws that the Fair Labor Standards Act, or FLSA, governs, and the U.S. Department of Labor administers.

  1. FLSA Coverage

    • To qualify for overtime, the employee must have FLSA coverage. Employees who work for a company that earns an annual dollar volume of $500,000 or more and hospitals, schools, preschools and government agencies, are covered under the FLSA. If the business does not meet the annual dollar minimum, the employee has FLSA coverage if his occupation frequently requires him to engage in interstate commerce, such as a secretary or an assembly line factory worker who produces food to be sent out of state. Domestic workers, such as housekeepers and cooks, are usually covered under the FLSA.

    Payment

    • Virginia nonexempt employees who work more than 40 hours for the workweek are entitled to overtime pay. Nonexempt means that the employee is not excluded from FLSA overtime pay requirements. The employer pays overtime hours at the employee's overtime rate of 1.5 times her regular pay rate. She is not entitled to overtime pay if she has more than 40 hours but did not physically work all of the hours. If she has 35 work hours, for example, and takes eight personal hours, the employer pays all 43 hours at her regular pay rate.

    Exemptions

    • The FLSA narrowly defines overtime exemptions. Virginia employers should carefully examine exemptions laws before determining whether the employee qualifies or not. In general, most hourly employees qualify for overtime pay, and most salaried employees do not. However, a salaried employee qualifies for overtime if she is not classified as exempt under the FLSA. To qualify for exempt, the employee must meet the FLSA job duties and salary level test. Most administrative, professional and executive employees; highly-compensated employees; some computer professionals; and outside salespersons are exempt from overtime pay.

    Considerations

    • The employer pays overtime hours with regular hours worked within the same pay period by the employee's next regularly scheduled pay date. If a Virginia employee is not properly compensated for overtime, he should try to resolve the matter with his employer. If the wages are due, the employer should issue the employee a check immediately or pay the amount due by the employee's next regularly scheduled paycheck. If the employee cannot successfully resolve the matter with his employer, he can file a wage claim with the U.S. Department of Labor, Wage and Hour Division, or with the Virginia Department of Labor and Industry, Richmond District Office.

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