Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Wage and hour law in Virginia governs the minimum amount employees must be paid, when they must be paid, and how many hours they may work. This area of law is designed to protect employees from unfair pay practices while promoting fair employment standards. Both federal and state laws apply, which can sometimes create confusion about which rules take precedence. The main goal of these laws is to ensure that workers receive proper wages for their labor and are adequately compensated for overtime hours.
Legal disputes or questions about wage and hour laws often arise between employees and employers. You might need a lawyer if you believe you are not being paid minimum wage, are not receiving overtime, have concerns about payroll deductions, or if there is misclassification as an independent contractor. Other situations include dealing with unpaid wages, being forced to work off the clock, or experiencing retaliation for complaining about wage and hour issues. Since the law can be complex and varies based on the specifics of your employment situation, getting legal advice can be essential to protect your rights and negotiate with your employer.
Virginia’s wage and hour laws cover a wide range of employment situations. Key aspects include:
Minimum Wage: Virginia’s minimum wage is currently set above the federal minimum, with scheduled increases in coming years. Certain exceptions apply for specific employer types and job categories.
Overtime: Virginia follows federal guidelines under the Fair Labor Standards Act (FLSA), requiring overtime pay at one and one-half times the regular rate for hours worked over 40 per week, with some exceptions for exempt employees.
Pay Periods and Wage Payment: Employers must pay employees at least once every two weeks or twice per month. Upon termination, final wages must typically be paid on the next scheduled payday.
Misclassification: Employers are prohibited from intentionally misclassifying employees as independent contractors to avoid paying benefits or overtime.
Youth Labor: Restrictions exist for workers under 18, including limits on hours worked and the types of jobs they can perform.
Employer Recordkeeping: Employers must keep detailed wage and hour records for at least three years.
Virginia’s minimum wage is $12.00 per hour as of January 2024, with scheduled increases through 2026. Certain workers, such as tipped employees and some agricultural workers, may be exempt or subject to different rates.
Most hourly, non-exempt employees are entitled to overtime at one and one-half times their regular hourly rate for hours worked over 40 in a workweek. Executive, administrative, and professional employees may be exempt.
If you suspect misclassification, you can file a complaint with the Virginia Department of Labor and Industry or consult an attorney. Misclassification can deprive you of overtime pay and other benefits.
In Virginia, employers must pay final wages by the next regular payday after termination or separation.
Employers can only make deductions if required by law or if you have voluntarily agreed to them in writing. Unlawful deductions may be reported to the state labor authorities.
Yes, but only among employees who regularly receive tips. Employers cannot retain a share of the pooled tips.
Virginia law does not require meal or rest breaks for adult workers, but federal law may require breaks in certain situations. However, minors must be provided specific meal or rest breaks.
Employers in Virginia must keep records of hours worked and wages paid for each employee for a minimum of three years.
You can file a complaint with the Virginia Department of Labor and Industry or the federal Department of Labor. An attorney can also assist in filing lawsuits or claims.
Yes, both Virginia and federal law prohibit employers from retaliating against employees for asserting their wage and hour rights.
If you need more information or assistance, these organizations and agencies provide support:
If you believe your wage and hour rights have been violated, start by gathering all relevant employment records including pay stubs, time sheets, and communication with your employer. Consider discussing your concerns directly with your employer or HR department if you feel comfortable. If this does not lead to a satisfactory resolution, reach out to one of the agencies or organizations listed above or consult a qualified attorney who focuses on employment law. Many attorneys offer free consultations for wage and hour matters. Moving quickly is important because there are legal deadlines for filing claims in Virginia.
