Overtime Pay Laws in Virginia: A Guide for Employers

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by | March 5, 2024

In the dynamic landscape of employment law, staying compliant with overtime pay laws in Virginia crucial for businesses operating in Virginia. Failure to adhere to these regulations can result in costly legal battles and damage to your company’s reputation. At Moore, Christoff & Siddiqui, we understand the complexities surrounding overtime pay and are here to provide guidance to Virginia employers.

Understanding Overtime Pay Laws in Virginia

  1. Fair Labor Standards Act (FLSA): Virginia employers must comply with the Fair Labor Standards Act (FLSA), a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards. Under the FLSA, non-exempt employees are entitled to overtime pay at a rate of one and a half times their regular rate of pay for all hours worked beyond 40 in a workweek.
  2. Exempt vs. Non-Exempt Employees: It’s crucial for employers to correctly classify their employees as exempt or non-exempt under the FLSA. Exempt employees are not entitled to overtime pay, while non-exempt employees must be compensated for overtime hours worked. Misclassification of employees can lead to legal liabilities, including back pay and penalties.
  3. Virginia Overtime Laws: In addition to federal laws, Virginia employers must also comply with state overtime pay regulations. Virginia follows the FLSA standards for determining overtime pay eligibility and calculation, but it’s essential to be aware of any state-specific provisions that may impact your obligations as an employer.
  4. Recordkeeping Requirements: Virginia employers must maintain detailed records of employees’ hours worked, wages paid, and overtime compensation. Failure to keep accurate records can result in legal consequences, including fines and penalties.
  5. Enforcement and Penalties: Violations of overtime pay laws can result in severe consequences for employers, including legal actions by employees, back pay liabilities, liquidated damages, and civil penalties. Proactively ensuring compliance with overtime pay regulations is essential to mitigate risks and protect your business interests.


Overtime pay laws in Virginia can be challenging for employers, but with the right knowledge and legal guidance, you can ensure compliance and avoid potential pitfalls. At Moore, Christoff & Siddiqui, we’re here to assist you in understanding your obligations, implementing best practices, and protecting your business from legal liabilities related to overtime pay. Contact us today to schedule a consultation and learn how we can help safeguard your company’s interests.