Virginia Overtime Law

Virginia Minimum Wage Law

The minimum wage rate under both the federal Fair Labor Standards Act (FLSA) and Virginia minimum wage law is $7.25 per hour. There are exceptions for certain categories of employees; the exceptions are not the same under federal and state law. Most employers are covered by the F.L.S.A.; very small employers who do not meet the annual revenue or interstate commerce requirements are covered by the state law.

Last Paycheck

Under Virginia Law, final wages must be paid on or before the next regular payday on which the employee would have been paid had he remained employed.

Frequency and Timing of Payment

Virginia Wage and Hour Law requires employers to establish regular paydays and rates of pay for each employee, and it is a violation of law not to pay all wages due on the established payday. Hourly employees must be paid at least once every two weeks or twice a month; and salaried employees must be paid at least once each month. These requirements do not apply to executive personnel.

Virginia Overtime Law

Generally, time-and-a-half must be paid for all hours over 40 hours a week, but there are exceptions. Time-and-a-half for overtime is required not by state-specific Virginia Overtime Law, but by the federal Fair Labor Standards Act (FLSA).

To learn more about Virginia Wage and Hour Law and Virginia Overtime Law visit the Virginia Department of Labor at

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