Wage & Hour Laws in Virginia | What You Need to Know

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If you believe that your employer has violated state or federal wage and hour laws, it is important that you reach out to an experienced employment attorney who will discover if you can help analyze whether you have a claim against your employer. If your employer denied you your rightful pay, speak with a knowledgeable attorney to discuss your options. Our firm is here to help.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act determines the minimum wage and wage standards for workers in America. In Virginia, the minimum wage in Virginia is $9.50 while the federal minimum wage is $7.25. By 2023, the minimum wage in Virginia is set to reach $12.00.

Overtime Laws

Non-exempt employees who work more than 40 hours per week are entitled to overtime pay under the Fair Labor Standards Act, which is 1.5 times the amount of their regular pay. However, the FLSA provides certain exceptions for specific categories of employees who are exempt from overtime pay under the law.  Subject to specific rules, the following types of employees may be exempt from overtime.  That said, if your employer does not follow the required regulations, you may be misclassified as exempt under the law and, therefore, entitled to overtime pay.

  • Certain railroad workers
  • Certain truck drivers
  • Outside sales employees who are paid above a certain salary
  • Professional employees who are paid above a certain salary
  • Executive employees who are paid above a certain salary
  • Administrative employees who are paid above a certain salary
  • And more

If you believe your employer misclassified you as an exempt employee, you may be entitled to back pay for lost overtime and other damages.

Filing a Wage Claim in Virginia

You may file your claim through the Department of Labor and Industry or directly in court. Do not hesitate to reach out to our experienced Virginia employment attorney who will fight for your rights in court. Give our firm a call today to learn more about our services.


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 Commonwealth of Virginia, you can count on Passero Employment Law to effectively represent your interests. To discuss your case, do not hesitate to contact Passero Employment Law today.

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