Virginia Overtime Law

Virginia Overtime Law

Virginia Labor Laws are, in fact, the same as those under the Federal Fair Labor Standards Act (FLSA). Like many other states, Virginia labor laws do not regulate or define benefits packages, vacation days, rest breaks or meal periods. Furthermore, there are no restrictions on how long an employee may be required to work or when those hours are unless the employee is under the age of 16 and falls under the state child labor laws. This means that Virginia employees, like all U.S. workers, must receive overtime pay equal to at least 1-1/2 times their usual hourly pay whenever they work more than 40 hours in a workweek.

Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce.

One might think that this would restrict the FLSA to covering only employees in large companies, but, in reality, the law covers nearly all workplaces. This is because the courts have interpreted the term interstate commerce very broadly. For example, courts have ruled that companies that regularly use the U.S. mail to send or receive letters to and from other states are engaged in interstate commerce. Even the fact that employees use company telephones or computers to place or accept interstate business calls or take orders has subjected an employer to the FLSA.

 

Non-Exempt Salaried Workers

There is still a lot of confusion over the new overtime law for non-exempt salaried workers. Under the new overtime law, employees earning under $47,476 per year will be eligible for overtime pay. This threshold will be reevaluated every three years.

The law is designed to help ensure that more people are paid fairly for their hard work. Under the new law, over four million salaried workers may be eligible for overtime pay. These workers were previously not eligible for overtime pay because they were paid an annual salary of at least $23,660, the previous minimum threshold for salaried employees.  Several states have filed injunctions against this new law.  For now, the rule's implementation and enforcement are on hold.

“White Collar” exemptions to the overtime law do exist.  The most commonly used exemptions to overtime law are the executive exemption, the professional exemption, and the administrative exemption. These are often referred to as the “white-collar” exemptions because they apply to people who work in offices or other professional environments. Because the white-collar exemptions are very fact-specific, you must consider the actual duties the employee performs, rather than just his or her title. The exemptions are designed to apply only to a narrow set of employees. When in doubt, you should talk to a lawyer about how to properly classify an employee, especially when you have several other employees in the same position.

-Debra