In a recent lawsuit filed on behalf of over 600 current and retired Richmond, Virginia police officers, the city of Richmond is facing a $7 million payout for lost overtime pay. The deal is facing approval by City Council later in the month.

If the deal is approved, the funds will be taken from a $97.7 million non-departmental “rainy day” unassigned general fund balance from this year’s budget. In Rogers v. city of Richmond, the suit is asking for retired and current officers to be paid overtime funds. The suit claims that officers should have been paid time-and-a-half if they worked more than 80 hours in a 14-day pay period.

The federal Fair Labor Standards Act (FSLA) requires that employers pay time-and-a-half starting at 86 hours. The officers are claiming they should have been paid overtime for the gap time between 80-86 hours worked in the 14-day pay period.

A Virginia law passed in 2005 stated that workers should be paid overtime when they work more than 80 hours in a 14-day pay period. Richmond has argued that the federal law preempted the state law.

Richmond’s liability in the case could become as high as $38 million. Tammy D. Hawley, press secretary for Mayor Dwight C. Jones, stated “the city administration had resources in a contingency fund to cover such potential exposure.”

Virginia Labor & Employment Facts

  • Overtime- Most hourly employees are entitled to overtime pay when hours worked surpasses 40 hours within a 7 consecutive works days according to the Fair Labor Standards Act (FLSA).
  • Minimum Wage- In Virginia, the minimum hourly rate is identical to the federal rate. Currently the hourly minimum rate is $7.25 per hour.
  • Tips – The FLSA states that an employer can pay an employee under the minimum wage only when that wage plus tips earned is, at the least, equal to the minimum wage for each hour worked. If it is not, the employer must make up the difference.
  • Breaks- In Virginia, if you are given a break and do any work during this break, you are entitled to be paid for that work. However, Virginia does not require employers to give employees breaks unless the employee is under the age of 16.


Not Being Fairly Compensated?

If you find yourself in one of these positions or believe that your employer has violated the law or failed to properly pay you your wages, our Virginia Employment Attorneys are here to help.

Contact our Virginia Employment Law Lawyers
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