
Most employees should receive time-and-a-half compensation for hours worked in excess of 40 in a single workweek. However, there are several exceptions. Overtime pay is not required by Virginia overtime law, but by federal wage and hour regulations. For more information on wage and hour law in Virginia, visit the website of the VA Dept. of Labor.
The Virginia minimum wage is $7.25 per hour, the same as the federal rate. However, there are exceptions for certain classes of workers. The exceptions are not the same under federal and Virginia wage and hour law. Most employers are covered by the Fair Labor Standards Act (FLSA). Small employers who do not meet the interstate commerce or yearly revenue requirements are subject to Virginia wage and hour law.
Employers are required to establish regular paydays and pay rates for each employee. If an employer does not pay their workers all wages due on the scheduled payday, they are in violation of wage and hour law. Hourly workers must be paid at least twice a month or once every two weeks, while salaried workers must be paid once per month. Executives are not subject to these requirements.
Virginia wage and hour law states that last paychecks must be given by the next regularly scheduled payday, as if the employment separation had not occurred.
For more information, view the Virginia Department of Labor Website