Effective July 1, 2022, the state of Virginia’s Overtime Wage Act (enacted July 1, 2021) will be revoked. Virginia Governor Glenn Youngkin signed the legislation on April 11, 2022 resulting in overtime pay requirements returning to the federal Fair Labor Standards Act (FLSA) overtime requirements.
The overtime pay requirements are listed below:
- Non-exempt covered employees must receive overtime pay for all hours worked over 40 in a workweek. The rate of pay should be a rate not less than time and one-half their regular rates of pay.
- Overtime pay is not required for work on Saturdays, Sundays, holidays, or regular days of rest. If overtime is worked on such days, then overtime pay is due to the employee.
- The Virginia Overtime Wage Act applicable on a workweek basis. A workweek is defined as a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods.
The Virginia Overtime Act and the federal FLSA differ in how the regular rate of pay was calculated for salaried nonexempt employees and different enforcement provisions. The statute of limitations for the Virginia state law was longer for filing claims and various damages.