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Virginia Overtime Laws 2024

Virginia Overtime Laws:- You could be losing money if your employer is not correctly adhering to overtime regulations. If an employee works more than 40 hours in a workweek, they typically qualify for overtime pay in Virginia. An employee's minimum overtime pay is equal to 1.5 times their base pay. But not all workers are eligible for overtime, and there are a lot of exclusions and limitations in the legislation. 

Virginia Overtime Laws
Virginia Overtime Laws; Image Credit:- Getty image

Overtime Laws in Virginia:-

Va. Code § 40.1-29.2 (the Virginia Overtime Wage Act) becomes operational. According to this rule, companies operating in the Commonwealth must pay 1.5 times the usual overtime salary for all hours worked beyond 40 in a workweek. 

Virginia Department of Labour and Industry shall prosecute violators of this Act. 

Small enterprises are nonetheless subject to the Overtime Wage Act as a result of this law. The Act also applies to the Commonwealth, its agencies, and localities.

Virginia Overtime Rates:-

For employees in Virginia who work more than 40 hours per week, overtime is calculated at 1.5 times the standard hourly rate. 

Virginia’s overtime minimum wage is $18.00 per hour, which is 1.5 times the state’s regular minimum wage of $12.00 per hour.

Methods for Calculating Overtime:-

Hourly: 45 minutes of pay for every 40 hours worked each week.

Hourly Plus Bonus and/or Commission: Regular rate is calculated as follows: Total hours times the hourly rate plus the bonus and/or commission’s weeklong equivalent, divided by the number of hours worked in the workweek; for each overtime hour, pay half of the regular rate.

Pay: Regular rate is calculated by dividing the total compensation by the number of hours worked.

In the event that the usual hours fall below forty, add the standard rate for each hour above forty and pay half time.

Pay time and a half for hours beyond 40 if the usual hours equal 40.

Virginia Salaried Employee Overtime:-

In order to determine their regular rate and subsequent overtime rate, salaried employees in Virginia who are eligible for overtime must divide their compensation by the number of hours for which their salary compensates.

An employee’s usual rate will be added for each additional hour they work up to the 40 in a workweek if their income falls short of 40. The 1.5 overtime rate will only be taken into account after 40 hours.

If a worker’s pay allows for forty hours worked in a workweek, they will be paid 1.5 hours per hour for overtime.

Virginia’s Overtime Exemptions & Exceptions:-

There are four primary types of workers under the Virginia overtime legislation that are not covered by overtime exemption regulations because they are classified as white-collar jobs. White-collar workers must make at least $684 a week in order to be exempt. There are four types of white-collar workers: outside sales, executives, professionals, and administration.

Employees that handle business operations, management guidelines, or administrative training fall under the category of administration.

Business and general managers who are in charge of two or more employees are called executives.

Professionals work in fields that demand high levels of education and specialised knowledge.

Jobs in outside sales entail going to the locations of both current and potential clients.

In addition to the federal exemptions, the state of Virginia imposes particular limitations on overtime hours for particular professions. There are situations when the minimum wage and overtime exemptions overlap, although certain jobs are exclusively exempt from overtime requirements.

The following is a list of jobs in Virginia that aren’t eligible for overtime:

  • Agricultural labourers
  • Volunteers employed by nonprofit, charitable, educational, or religious organisations
  • Golf course caddies
  • Drivers of taxicabs
  • minors who work for their parents or guardians
  • People housed in prisons and other correctional establishments
  • Workers at summer camps
  • minors under the age of sixteen, regardless of their employer or nature of work
  • Student employees who put in a maximum of 20 hours a week at trade schools, secondary educational institutions, or real educational programmes

Virginia’s Overtime Entitlement:- (Virginia Overtime Laws)

  • Virginia’s overtime regulations stipulate that all non-exempt workers must receive overtime compensation.
  • Hourly workers in non-exempt industries who make less than $455 per week ($23,660) are eligible for overtime compensation.
  • The specific work responsibilities or business an employee is conducting will determine whether they are generally eligible for overtime compensation.

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