What Are My Overtime Pay Rights in Virginia?

Serving the Greater Richmond Area, Virginia, & Maryland

Contact Us

As of July 1, 2021, subject to recent amendments, Virginia employers were required to ensure that their pay practices comply with the Virginia Overtime Wage Act (“VOWA”). Since then, Virginia has amended the VOWA so that it 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. If you believe that your overtime rights have been violated, do not wait to reach out to our Chesterfield wage & hour law attorney today. Our firm is equipped with the knowledge and experience required to ensure you and your future are protected. 

Can I receive overtime pay in Virginia? 

You will want to recognize that in the state of Virginia, wage and hour laws are governed by the Fair Labor Standards Act and Virginia state law. The Fair Labor Standards Act and Virginia state law outline which workers are qualified to receive overtime pay. Non-exempt employees who work more than 40 hours per week are permitted to receive overtime pay. Overtime pay must be at least 1.5 times the amount of the worker’s regular pay. Because of this, it is important to mention that there are exemptions from overtime pay for specific categories of employees set out by the FSLA, which are administrative, professional, and executive, among others.  Oftentimes, however, employees are misclassified as exempt.

If you have any lingering questions or concerns regarding the qualifications for obtaining overtime payments in Virginia, it is in your best interest to reach out to our firm today to examine the specifics of your case and your options.

What if I was denied overtime?

If you are qualified to obtain overtime pay and you think your employer is wrongfully denying you this payment, for example by incorrectly claiming you are exempt, you may have a potential wage claim. You can bring this claim with the aid of a skilled Richmond employment attorney on your side directly in court. So long as you can display that you have been wrongfully denied overtime pay, you can recover any back pay you are owed, in addition to potential additional penalties. 

Do not wait to contact an attorney. Our firm has extensive background knowledge in helping clients through a wide range of employment disputes, and we are ready to put that experience to work for you as well. Give us a call today to begin.


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.

Read Our Recent Blog Posts

Read More