Overtime Laws in Virginia 2026: Pay Rates, Exemptions & Tax Deduction (2026)
⚠️Informational only — not legal or tax advice.
This guide explains Virginia overtime laws 2026
Last verified: February 26, 2026
Next scheduled review: May 26, 2026
Table of Contents
- Virginia Overtime Laws at a Glance (2026)
- Does Virginia Have Its Own Overtime Law?
- How Overtime Pay Is Calculated in Virginia
- Who Is Exempt from Overtime in Virginia?
- Overtime Tax Deduction: “No Tax on Overtime” (2025–2028)
- Can an Employer Require Overtime in Virginia?
- Industry-Specific Overtime Rules in Virginia
- How to File an Overtime Wage Complaint in Virginia
- Penalties for Overtime Violations in Virginia
- Virginia Overtime Law Updates (2025–2026)
- Frequently Asked Questions
- Sources and Verification
Virginia Overtime Laws at a Glance (2026)
| Details | |
|---|---|
| Overtime threshold | 40 hours per workweek |
| Overtime pay rate | 1.5× regular rate of pay |
| Double time | No |
| Daily overtime | No — weekly calculation only |
| 7th consecutive day rule | No |
| State minimum wage (2026) | $12.77/hour |
| Exempt salary threshold (2026) | Federal: $684/week ($35,568/year) |
| State enforcement agency | Virginia Department of Labor and Industry (DOLI) — general wage claims only |
| Overtime enforcement | U.S. DOL Wage and Hour Division (overtime complaints directed to federal agency or private litigation) |
| Overtime tax deduction (federal) | Up to $12,500/year (2025–2028) — FLSA-covered workers |
| Statute of limitations | 2 years (3 years if willful) — FLSA and Va. Code § 40.1-29.2 |
Governing law: Va. Code § 40.1-29.2 (Virginia Overtime Wage Act); Va. Code § 40.1-29.3 (derivative carrier employees); Fair Labor Standards Act, 29 U.S.C. § 207 Last verified: February 26, 2026
Does Virginia Have Its Own Overtime Law?
Yes. Virginia enacted the Virginia Overtime Wage Act (VOWA) under Va. Code § 40.1-29.2, originally effective July 1, 2021. After widespread confusion about how the initial version interacted with the FLSA, the General Assembly significantly amended VOWA effective July 1, 2022. The amended statute expressly incorporates the federal FLSA overtime standards, exemptions, and calculation methods.
In practical effect, the amended VOWA means that:
- Virginia follows the same 40-hours-per-workweek overtime threshold as the FLSA.
- All FLSA exemptions (executive, administrative, professional, computer employee, outside sales, etc.) apply in Virginia.
- The federal exempt salary threshold of $684/week ($35,568/year) applies — Virginia does not set a higher threshold.
- Overtime complaints are directed to the U.S. Department of Labor Wage and Hour Division or pursued through private litigation. DOLI does not directly enforce overtime provisions under Va. Code § 40.1-29.2.
One unique Virginia provision remains in Va. Code § 40.1-29.3: employees of derivative carriers (air carriers subject to the Railway Labor Act, 45 U.S.C. § 181 et seq.) are entitled to overtime under Virginia state law, even though federal law would otherwise exempt them. These employees can bring a state civil action under § 40.1-29.3 for unpaid overtime, liquidated damages, and attorney fees.
When federal and state law differ, the standard more favorable to the employee applies. For most Virginia workers, VOWA and FLSA produce identical results. For derivative carrier employees, Virginia state law is more favorable and governs.
State statute: Va. Code § 40.1-29.2 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/ Derivative carrier statute: Va. Code § 40.1-29.3 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/ Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207 — https://www.dol.gov/agencies/whd/overtime
How Overtime Pay Is Calculated in Virginia
What Is a “Workweek”?
Under the FLSA (incorporated by VOWA), a workweek is a fixed, regularly recurring period of 168 consecutive hours — seven consecutive 24-hour periods. A workweek does not have to start on Monday or align with the calendar week; the employer may designate any day and time as the start of the workweek.
Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours in one week and 30 the next, overtime is owed for the first week regardless of the second.
Source: 29 C.F.R. § 778.104–778.105
Pay Rate
Under Va. Code § 40.1-29.2 and the FLSA, nonexempt employees in Virginia earn:
Time-and-a-half (1.5× regular rate): For all hours worked over 40 in a workweek.
Virginia does not have daily overtime rules and does not require double time pay under any circumstance. Overtime is calculated solely on a weekly basis.
What Counts as the “Regular Rate of Pay”
The regular rate is not always the same as the hourly wage. Under the FLSA (29 C.F.R. § 778.108), the regular rate includes:
- Base hourly rate or salary equivalent
- Non-discretionary bonuses and incentive pay
- Shift differentials
- Commissions
- Piece-rate earnings
The regular rate does not include:
- Discretionary bonuses (e.g., holiday gifts)
- Employer contributions to benefit plans
- Vacation, holiday, or sick pay when no work is performed
VOWA-specific rule for salaried nonexempt employees: Under Va. Code § 40.1-29.2, for salaried nonexempt employees, the regular hourly rate is calculated as 1/40th of all wages paid for the workweek, which is then multiplied by 1.5 for each overtime hour. This eliminates certain alternative calculation methods that the FLSA would otherwise permit (such as the “fluctuating workweek” method).
Calculation Example — Weekly Overtime in Virginia
Virginia’s minimum wage is $12.77/hour as of January 1, 2026.
An employee earns $12.77/hour and works 48 hours in one workweek:
- Regular pay: 40 hours × $12.77 = $510.80
- Overtime pay: 8 hours × ($12.77 × 1.5) = 8 × $19.16 = $153.28
- Total weekly gross pay: $664.08
For the current Virginia minimum wage used in this calculation, see the [Virginia Minimum Wage page].
Source: Va. Code § 40.1-29.2 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/; 29 C.F.R. § 778.108–778.122
Who Is Exempt from Overtime in Virginia?
Not all employees in Virginia are entitled to overtime pay. The exemptions under VOWA align with federal FLSA exemptions.
Federal FLSA Exemption Requirements
To be exempt from overtime, an employee must meet all three criteria:
1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly).
2. Salary level test: Earn at least $684 per week ($35,568 per year).
3. Duties test: Perform specific job duties in one of these categories:
| Exemption | Key duty requirement |
|---|---|
| Executive | Manages enterprise or department; directs 2+ employees; authority to hire/fire |
| Administrative | Office/non-manual work related to management or business operations; exercises independent judgment |
| Professional | Work requiring advanced knowledge in science or learning (prolonged specialized study) |
| Computer employee | Systems analysis, programming, software engineering — $684/week salary OR $27.63/hour |
| Outside sales | Primary duty is making sales away from employer's place of business |
Source: 29 C.F.R. Part 541
What Happened to the 2024 DOL Salary Threshold Increase?
In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128 per week ($58,656/year) effective January 1, 2025. On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).
The salary threshold remains $684/week ($35,568/year) as of 2026.
Virginia does not set its own higher exempt salary threshold. The federal standard of $684/week applies statewide.
Can Salaried Employees Receive Overtime in Virginia?
Yes. Being paid a salary does not automatically make an employee exempt. Salaried employees who earn less than $684/week or who do not meet the applicable duties test are nonexempt and entitled to overtime pay. Under VOWA, the overtime rate for a salaried nonexempt employee is calculated at 1/40th of weekly earnings, multiplied by 1.5, for each overtime hour worked.
Source: Va. Code § 40.1-29.2 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/; 29 C.F.R. Part 541
Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)
The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code § 225.
This deduction is available for tax years 2025 through 2028.
Who Is Eligible
- Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. § 207)
- Must have a Social Security number valid for employment
- Cannot use the Married Filing Separately filing status
Who is NOT eligible:
- Exempt (salaried) employees who do not receive FLSA overtime
- Independent contractors (1099 workers) who are not FLSA-covered
- Employees receiving overtime only under state law, employer policy, or collective bargaining (if that overtime is not also required by the FLSA)
What Is Deductible
The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.
| Overtime type | What is deductible | Example ($20/hr regular rate) |
|---|---|---|
| Time-and-a-half (1.5×) | The "half" — 1/3 of total OT pay | $10/hr per OT hour ($30 – $20) |
| Double time (2×) | The "full extra" — 1/2 of total OT pay | $20/hr per OT hour ($40 – $20) |
IRS shortcut for 2025: If you only know your total overtime pay and were paid time-and-a-half, divide the total overtime amount by 3. (Source: IRS Notice 2025-69)
| Deduction Limits | ||
|---|---|---|
| Filing status | Maximum annual deduction | Phase-out begins |
| Single | $12,500 | $150,000 MAGI |
| Married filing jointly | $25,000 | $300,000 MAGI |
| W-2 Reporting | |
|---|---|
| Tax year | Employer reporting requirement |
| 2025 | NOT required to separately report (transition year — IRS Notice 2025-62). May voluntarily report in W-2 Box 14 as "QUAL OT" or provide a separate statement |
| 2026 and later | REQUIRED to separately report qualified overtime compensation. IRS draft W-2 form indicates Box 12, Code TT for this purpose (draft form, subject to change) |
If an employer did not separately report overtime for 2025, the IRS allows employees to use “any reasonable method” to calculate the deductible amount, including one-third of total overtime pay (for time-and-a-half workers), payroll records, or pay stubs.
What This Deduction Does NOT Do
- Does not exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
- Does not apply to Virginia state income taxes
- Does not change how much overtime pay an employee receives — it reduces federal taxable income when filing
- Does not apply to overtime paid solely under state law or employer policy that exceeds FLSA requirements
Source: IRS FAQs on Qualified Overtime Compensation Deduction; IRS Notice 2025-69; IRS Notice 2025-62; IRC § 225; P.L. 119-21, § 70202; Schedule 1-A (Form 1040) Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
Virginia Income Tax and Overtime
The federal overtime deduction applies to federal income tax only. Overtime pay in Virginia remains subject to Virginia state income tax at normal graduated rates.
For tax year 2025 (filed in 2026), Virginia income tax rates are 2%, 3%, 5%, and 5.75%, with the top rate applying to income over $17,000. Overtime wages are included in Virginia taxable income and subject to these rates unless a separate state-level exemption is enacted.
As of February 2026, Virginia has not enacted a state income tax exemption for overtime pay. There are no pending Virginia bills that specifically exempt overtime from state income tax. (The 2026 Virginia General Assembly session has focused primarily on income tax rate changes for high earners and sales tax expansion, not on overtime-specific deductions.)
Source: Virginia Department of Taxation — https://www.tax.virginia.gov/; Va. Code § 58.1-320
For Virginia income tax details, see the [Virginia Income Tax page].
Can an Employer Require Overtime in Virginia?
Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours at the applicable rate.
An employer may discipline or terminate an employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.
Virginia is an at-will employment state under DOLI guidance. This means an employer may generally terminate an employee for any reason — including refusal to work overtime — with limited exceptions. Virginia does not have a separate statute restricting mandatory overtime for most industries.
However, the following protections always apply in Virginia:
- All overtime hours must be compensated at 1.5× the regular rate regardless of whether overtime was mandatory.
- Employers cannot retaliate against employees who file wage complaints — Va. Code § 40.1-29(L) and 29 U.S.C. § 215(a)(3) both prohibit retaliation.
- Disability accommodation requests under the ADA may limit overtime requirements.
- Child labor laws restrict hours for employees under 18.
Source: 29 U.S.C. § 207; Va. Code § 40.1-29.2; DOLI Virginia Labor Laws — https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/
Industry-Specific Overtime Rules in Virginia
Derivative Carrier Employees (Air and Rail)
Virginia’s unique industry-specific provision is found in Va. Code § 40.1-29.3, which covers employees of derivative carriers — air carriers subject to the federal Railway Labor Act (45 U.S.C. § 181 et seq.). Under federal law, these workers would be exempt from FLSA overtime. Virginia law removes this exemption at the state level and requires overtime pay at 1.5× the regular rate for hours over 40 in a workweek.
Derivative carrier employees may bring a civil action under § 40.1-29.3 to recover unpaid overtime wages, liquidated damages (an equal additional amount), and reasonable attorney fees and costs. The statute of limitations is 2 years (3 years for willful violations).
Source: Va. Code § 40.1-29.3 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/
Healthcare (8-and-80 System)
Under 29 U.S.C. § 207(j), hospitals and residential care facilities may enter into an agreement with employees to use a 14-day work period instead of the standard 7-day workweek. Under this system, overtime is due after 8 hours per day OR 80 hours in the 14-day period, whichever calculation results in more overtime pay. This option must be established by prior written agreement.
Public Sector / Government Employees — Compensatory Time
Under 29 U.S.C. § 207(o), public-sector employers (state and local government agencies in Virginia) may offer compensatory time off instead of overtime pay, provided a prior agreement exists. Compensatory time accrues at 1.5 hours for each overtime hour worked. Caps apply:
- 240 hours of accrued comp time for most public employees
- 480 hours for public safety, emergency response, and seasonal employees
Fire protection and law enforcement employees have additional overtime rules under Va. Code § 9.1-701, which incorporates the FLSA 207(k) work period option, and DOLI enforces specific comp time rules for these employees.
Important: Under the FLSA, private-sector employers in Virginia cannot offer comp time in lieu of overtime pay. Employees who work overtime in the private sector must receive wages at 1.5× their regular rate — not equivalent time off at a later date.
Source: 29 U.S.C. § 207(o); Va. Code § 9.1-701 — https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-701/
Transportation (Motor Carrier Exemption)
Employees whose duties affect the safe operation of motor vehicles in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption (49 U.S.C. § 31502). This applies to drivers, driver helpers, loaders, and mechanics at interstate motor carriers. Virginia follows this federal exemption.
Retail and Commission Employees
Under 29 U.S.C. § 207(i), retail or service employees paid more than half their earnings in commissions may be exempt from overtime if their regular rate of pay exceeds 1.5 times the federal minimum wage. This exemption applies to qualifying retail and service establishment employees in Virginia.
Agriculture
Under the FLSA, agricultural workers are generally exempt from overtime requirements. Virginia does not impose a state-level agricultural overtime obligation. Farm workers in Virginia are subject to federal agricultural exemptions under 29 U.S.C. § 213(b)(12).
How to File an Overtime Wage Complaint in Virginia
Employees in Virginia who believe they have not received proper overtime pay have three options. Important: As of July 1, 2022, DOLI does not directly enforce overtime provisions under Va. Code § 40.1-29.2. Overtime complaints must be directed to the U.S. Department of Labor or pursued through private litigation.
Option 1: Virginia Department of Labor and Industry (DOLI) — General Wage Claims
DOLI’s Payment of Wage Unit investigates complaints for unpaid wages generally under Va. Code § 40.1-29. While DOLI does not enforce overtime specifically, employees may file wage claims for other unpaid amounts through the DOLI portal.
| Details | |
|---|---|
| Agency | Virginia Department of Labor and Industry (DOLI) — Division of Labor and Employment Law |
| Online portal | https://doli.virginia.gov/labor-law-claim-for-unpaid-wages-form/ |
| Phone | (804) 786-2706 |
| laborlaw@doli.virginia.gov | |
| Deadline | 3 years from when wages were earned (for wages earned after July 1, 2020) |
Option 2: U.S. Department of Labor — Wage and Hour Division (Primary for Overtime)
This is the primary enforcement agency for overtime violations in Virginia under Va. Code § 40.1-29.2 and the FLSA.
| Details | |
|---|---|
| Online filing | https://www.dol.gov/agencies/whd/contact/complaints |
| Phone | 1-866-487-9243 (toll-free) |
| Nearest offices | Richmond, VA; Norfolk, VA; Washington, DC area |
| Deadline | 2 years from violation (3 years if willful) |
Option 3: Private Lawsuit
Employees may file a lawsuit in Virginia state or federal court. Under Va. Code § 40.1-29(J) (the Virginia Wage Theft Act), employees can bring individual or collective actions for unpaid overtime and recover:
- Unpaid overtime wages owed
- Liquidated damages (an additional amount equal to the unpaid wages)
- Prejudgment interest (available under Virginia state law, not under the FLSA alone)
- Reasonable attorney fees and court costs
If the court finds the employer knowingly failed to pay wages, it may award triple damages under Va. Code § 40.1-29(J).
Retaliation Protection
Under Va. Code § 40.1-29(L) and 29 U.S.C. § 215(a)(3), employers cannot retaliate against employees for:
- Filing an overtime wage complaint
- Participating in a wage investigation
- Testifying in proceedings related to overtime violations
Source: Va. Code § 40.1-29.2 — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/; Va. Code § 40.1-29 — https://law.lis.virginia.gov/vacodeupdates/title40.1/section40.1-29/; DOLI — https://doli.virginia.gov/programs/labor-law/
Penalties for Overtime Violations in Virginia
| Federal FLSA Penalties | |
|---|---|
| Penalty type | Amount |
| Back wages | Full amount of unpaid overtime owed |
| Liquidated damages | Equal to unpaid wages (effectively doubles total recovery) |
| Civil monetary penalty | Up to $2,451 per violation (willful/repeated — adjusted annually by DOL) |
| Criminal prosecution | Willful: fines up to $10,000; second offense: up to 6 months imprisonment |
Source: 29 U.S.C. § 216
Virginia State Penalties (Va. Code § 40.1-29)
Under the Virginia Wage Theft Act, civil penalties and additional remedies are available beyond the FLSA:
- Prejudgment interest on unpaid wages — available in Virginia state court actions (not available under the FLSA alone)
- Triple damages if the court finds the employer knowingly failed to pay wages
- Civil penalty up to $1,000 per violation assessed by the DOLI Commissioner for knowing failures to pay wages under Va. Code § 40.1-29(H)
- Criminal penalties: Willful failure to pay wages valued under $10,000 — Class 1 misdemeanor; $10,000 or more, or a second conviction — Class 6 felony
Source: Va. Code § 40.1-29 — https://law.lis.virginia.gov/vacodeupdates/title40.1/section40.1-29/
Virginia Overtime Law Updates (2025–2026)
Federal Changes Affecting Virginia
- July 4, 2025: One Big Beautiful Bill Act (P.L. 119-21) signed — created federal overtime tax deduction for tax years 2025–2028 (IRC § 225; Schedule 1-A, Form 1040)
- November 15, 2024: DOL salary threshold rule vacated by federal court — exempt threshold remains $684/week ($35,568/year)
Virginia Changes
- January 1, 2026: Virginia minimum wage increased to $12.77/hour, raising the minimum overtime rate to $19.16/hour (time-and-a-half). (Source: DOLI — https://doli.virginia.gov/news-and-announcements/)
- July 1, 2025: Virginia expanded its non-compete ban to cover all employees entitled to FLSA overtime (not just low-wage earners by dollar amount), under Va. Code § 40.1-28.7:8. (Source: DOLI — https://doli.virginia.gov/)
- July 1, 2022: Virginia Overtime Wage Act (Va. Code § 40.1-29.2) amended — original VOWA provisions replaced with language that expressly incorporates FLSA overtime standards, exemptions, and calculation methods. Enforcement of overtime directed to the federal DOL or private litigation.
No Pending Virginia Overtime Tax Legislation
As of February 2026, the Virginia General Assembly has not introduced bills that specifically exempt overtime pay from Virginia state income tax. Active 2026 session tax proposals focus on income tax rate changes for high earners and sales tax expansion.
Last reviewed: February 26, 2026 Next scheduled review: May 27, 2026
Frequently Asked Questions About Overtime in Virginia
Does Virginia have its own overtime law?
Yes. Virginia enacted the Virginia Overtime Wage Act (VOWA) under Va. Code § 40.1-29.2. Following a 2022 amendment, VOWA incorporates the federal FLSA overtime standards and exemptions. Virginia also has a unique provision in Va. Code § 40.1-29.3 that requires overtime for derivative carrier (air and rail) employees who would otherwise be exempt under federal law.
What is the overtime rate in Virginia in 2026?
The overtime rate in Virginia is 1.5 times the employee’s regular rate of pay for hours worked over 40 in a workweek. Based on the Virginia minimum wage of $12.77/hour, the minimum overtime rate is $19.16/hour. Virginia does not require double time under any circumstance.
Does Virginia require daily overtime?
No. Overtime in Virginia is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total hours worked in the workweek exceed 40.
Is mandatory overtime legal in Virginia?
Under federal law and Virginia’s at-will employment doctrine, employers can generally require adult employees to work overtime. Virginia does not have a separate state statute limiting mandatory overtime for most industries. Employees who work mandatory overtime must be paid at 1.5× their regular rate for hours over 40 in the workweek.
Am I exempt from overtime in Virginia?
Exemption depends on both salary level and job duties. Under the FLSA (incorporated by VOWA), employees must earn at least $684/week on a salary basis AND perform executive, administrative, or professional duties to qualify for the most common exemptions. Virginia does not set a higher salary threshold. If you do not meet both the salary and duties tests, you are entitled to overtime pay.
Can salaried employees get overtime in Virginia?
Yes. Being paid a salary does not automatically make an employee exempt. Salaried employees who earn less than $684/week or who do not meet the required duties tests are nonexempt and entitled to overtime. Under VOWA, their overtime is calculated at 1/40th of weekly earnings × 1.5 for each overtime hour.
Is overtime taxed in Virginia?
Overtime pay is subject to both federal and Virginia state income taxes. Under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 (or $25,000 joint) of the premium portion of overtime from federal taxable income. Virginia has not enacted a separate state-level exemption. Overtime wages remain fully subject to Virginia income tax at rates up to 5.75%.
How do I calculate the federal overtime tax deduction?
For time-and-a-half pay, the deductible amount is one-third of total overtime pay. For example, if you earned $9,000 in total overtime at time-and-a-half, the deductible qualified overtime compensation is $3,000. The IRS confirms this method in Notice 2025-69. Claim the deduction on Schedule 1-A of Form 1040.
Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
How do I file an overtime complaint in Virginia?
Because DOLI does not directly enforce overtime under VOWA, file your overtime complaint with the U.S. DOL Wage and Hour Division at https://www.dol.gov/agencies/whd/contact/complaints or by calling 1-866-487-9243. You may also pursue a private lawsuit in state or federal court under Va. Code § 40.1-29(J) and 29 U.S.C. § 216(b). The FLSA statute of limitations is 2 years (3 years for willful violations).
Can my employer fire me for refusing overtime in Virginia?
In most cases, yes. Virginia is an at-will employment state, and employers may discipline or terminate employees who refuse to work overtime unless a contract or collective bargaining agreement provides otherwise. However, employers cannot retaliate against employees who file overtime wage complaints under Va. Code § 40.1-29(L) and 29 U.S.C. § 215(a)(3).
Can my employer give comp time instead of overtime pay?
Private-sector employers in Virginia cannot offer comp time in lieu of overtime wages. Under the FLSA (29 U.S.C. § 207(o)), only public-sector employers (state and local government) may offer compensatory time off at 1.5 hours per overtime hour, up to 240 hours (or 480 hours for public safety and emergency workers), with a prior agreement.
Does working on weekends or holidays count as overtime in Virginia?
No. Working on a weekend or holiday does not automatically constitute overtime under Virginia law or the FLSA. Overtime depends solely on whether total hours worked in the workweek exceed 40, regardless of which specific days those hours fell on.
What is the statute of limitations for overtime claims in Virginia?
Under the FLSA: 2 years from the violation (3 years if willful). Under Va. Code § 40.1-29.2, the same 2-year/3-year FLSA limitations apply. For general wage claims under § 40.1-29 (the Virginia Wage Theft Act), the period is 3 years for wages earned after July 1, 2020.
What happens if my employer doesn’t pay overtime?
Employees may recover unpaid overtime wages, liquidated damages equal to the unpaid amount, prejudgment interest (in Virginia state court), and attorney fees. If the employer knowingly failed to pay, a court may award triple damages under Va. Code § 40.1-29(J). Under the FLSA, criminal penalties may apply to willful violations.
I work for an airline — do Virginia overtime laws apply to me?
It depends on your employer’s status. If your employer is a derivative carrier under the Railway Labor Act (Va. Code § 40.1-29.3), Virginia state law removes the federal overtime exemption and requires overtime pay for hours over 40 per workweek. You may file a state civil action to recover unpaid overtime, liquidated damages, and attorney fees.
Sources and Verification
Primary Sources
- Va. Code § 40.1-29.2 (Virginia Overtime Wage Act, as amended July 1, 2022) — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/
- Va. Code § 40.1-29.3 (Overtime for derivative carrier employees) — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.3/
- Va. Code § 40.1-29 (Virginia Wage Theft Act / Payment of Wage) — https://law.lis.virginia.gov/vacodeupdates/title40.1/section40.1-29/
- Va. Code § 9.1-701 (Overtime compensation rate — fire and law enforcement) — https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-701/
- Va. Code § 40.1-28.7:8 (Non-compete ban for low-wage employees) — https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-28.7:8/
- Virginia Department of Labor and Industry (DOLI) — Virginia Labor Laws — https://doli.virginia.gov/programs/labor-law/virginia-labor-laws/
- DOLI — Payment of Wage claims — https://doli.virginia.gov/labor-law-claim-for-unpaid-wages-form/
- DOLI — News: Minimum Wage 2026 increase to $12.77 — https://doli.virginia.gov/news-and-announcements/
- U.S. Department of Labor, Wage and Hour Division — https://www.dol.gov/agencies/whd/overtime
- Fair Labor Standards Act — 29 U.S.C. § 201–219
- 29 C.F.R. Part 541 (Overtime Exemptions)
- Internal Revenue Service — Overtime Tax Deduction FAQs — https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
- IRS Notice 2025-69 (Individual calculation guidance for overtime deduction)
- IRS Notice 2025-62 (Employer reporting transition relief for 2025)
- Schedule 1-A, Form 1040 (Claiming the overtime deduction)