When it comes to overtime pay, there can be a bit of confusion. However, it is important to understand whether you owed overtime pay or are exempt from overtime. If you have questions or believe that you are owed overtime pay and your employer refuses to pay, please contact our office.
Is it illegal not to pay overtime in Virginia?
Virginia employers must comply with the Fair Labor Standards Act (“FLSA”). This is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards. Under the FLSA, non-exempt employees are entitled to overtime pay. This is calculated at a rate of one and a half times their regular rate of pay for all hours worked over their normal 40-hour work week.
Who is eligible for overtime pay in Virginia?
It is critical for employers to correctly classify employees as exempt or non-exempt under the FLSA. Exempt employees are not entitled to overtime pay. Those are generally managers or higher-level professionals. On the other hand, non-exempt employees must be compensated for overtime hours.
What are the Virginia overtime laws?
In addition to several federal laws, Virginia employers must also comply with the state overtime pay regulations. To determine overtime pay eligibility and calculation, Virginia follows the FLSA standards.
Virginia also enacted the Virginia Overtime Wage Act in 2021. This act is similar to the FLSA. However, it differs in a few ways that could increase employer liability. These include:
- Changing the calculation of regular rate of pay for nonexempt salaried employees
- Giving employees 3 years to file a lawsuit, regardless of whether the violation was willful
- Omitting good faith defenses for employers
- Providing potential for triple damages and interest compensation
Can I file an unpaid overtime wage claim?
Yes. You can file unpaid wages claim for overtime that was owed and not paid to you. However, you must file within 3 years, whether the violation was willful or not. You may be entitled to triple the overtime wages owed, plus interest as compensation.
Contact us for help
If you are owed overtime by your employer, it is important that you speak to an attorney as soon as possible. Contact Cook, Craig, and Francuzenko today.
