Beginning on July 1, 2021, Virginia employers were mandated to ensure that their pay practices are in accordance with a new stand-alone overtime law known as the Virginia Overtime Wage Act (“VOWA”). Since then, Virginia has amended the VOWA so that it essentially follows the federal Fair Labor Standards Act (“FLSA”), incorporating the FLSA exemptions to overtime and mandating employers to pay 1.5 times a non-exempt employee’s regular rate of pay for all hours worked in a surplus of 40 hours each workweek.
To learn more about what this could mean for you, or if you are facing an overtime violation, it is in your best interest to reach out to our firm today to speak with our Chesterfield County wage & hour law attorney. We are on your side.
How did Virginia’s overtime law change?
On April 11, 2022, Virginia signed into law an amendment to VOWA, making clear that Virginia’s overtime law is consistent with the FLSA. The amendments remove any modifications to the FLSA exemption and overtime structure. The amendments will be effective July 1, 2022.
However, the amendments do not change an employee’s ability to bring a private cause of action and keep the expansion of damages available.
What are the available damages and remedies for overtime violations?
The FLSA states that liquidated damages are equivalent to the number of unpaid overtime wages. An employer can evade “double damages” if it can demonstrate that it acted in “good faith” and that the employer had “reasonable grounds” for considering its actions abided by the conditions of the FLSA.
According to VOWA, overtime wage violations are subject to double damages, plus pre-judgment interest of 8 percent per year. Additionally, VOWA allows treble damages, and the same pre-judgment interest and reasonable attorney fees and costs, where the employer (i) had actual knowledge that it failed to pay them overtime wages due or (ii) acted in deliberate ignorance or reckless disregard as to whether it was paying all overtime wages owed.
If you have questions or concerns about these overtime laws, or if you were not paid overtime wages, do not wait to reach out to our firm today to discuss your legal options.
CONTACT OUR VIRGINIA EMPLOYMENT ATTORNEY
At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.