Are you being paid less than minimum wage?
Are you not being paid for the overtime hours you’ve work?

In Virginia, there are laws set up to help protect employees against the wrongful actions of their employers.

Virginia Labor & Employment Law 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).
  • Off the Clock Work – The FLSA states that non-exempt employees must be paid for all hours worked. It is illegal when you are required to complete tasks or be present without being paid. For example:
    • not being paid for going into work before your shift start for preparation
    • not being paid for work done after your shift ends such as cleaning up, or returning equipment
    • not being paid for administrative work such as completing paperwork, going through training on your own time, attending meetings
    • not being paid to redo your work or correct errors
    • not being paid for wait time between tasks when you are required to be present
    • not being paid for work done during lunch breaks
    • not being paid to to run work-related errands
  • Employee Misclassification – not being fairly compensated because you have been misclassified.
  • 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.

The Wages and Fair Labor Standards Act (FLSA)

The Wages and Fair Labor Standards Act (FLSA) is a federal act that regulates the wages and hours of employees in Virginia.

A few reasons the FLSA is important include:

  • It establishes a minimum wage
  • Requires overtime for non-exempt employees
  • Prohibits forms of child labor
  • Prohibits unequal pay based on gender

Not Being Fairly Compensated? Contact Us.

If you 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 us to setup a consultation to discuss your situation. Call toll free 877-544-5323.

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