What Should I Do if I’m Being Denied Overtime Pay in Virginia?

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Each day, we go to work knowing that at the end of every pay period, we’ll receive a paycheck that accurately reflects the hours we worked. Unfortunately for some employees, this isn’t always the case. If you believe that your employer has wrongfully denied you overtime pay, you’re most likely frustrated and unsure of where to turn. Read on and reach out to our Chesterfield County wage & hour law attorney to learn more about wage & hour disputes and how we can help if you’ve been denied overtime pay. Here are some of the questions you may have:

Am I entitled to overtime pay in Virginia?

Here in Virginia, wage & hour laws are regulated by the Fair Labor Standards Act and Virginia state law. The Fair Labor Standards Act and Virginia state law clearly outlines which employees are entitled to overtime pay. Certain non-exempt employees who work more than 40 hours per week should be entitled to overtime pay. Overtime pay must be at least 1.5 times the amount of the worker’s regular pay. That said, you should note that there are exemptions from overtime pay for certain categories of employees set out by the FSLA, which are administrative, professional, and executive, among others.

What should I do if my employer is denying giving me overtime pay?

If you are entitled to overtime pay and you believe your employer is wrongfully denying you this pay, such as by incorrectly claiming you are exempt, you may have a valid wage claim. You can bring this claim (with the assistance of a Richmond employment attorney) directly in court. As long as we can prove that you have been wrongfully denied overtime pay, we should have a successful lawsuit against your employer, wherein we may recover any backpay you’re owed, and, potentially, additional damages.

Don’t tackle a wage & hour dispute on your own. Our firm has significant experience representing clients through a wide array of employment disputes, and we are prepared to put that experience to work for you as well.


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.

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