{ "type": "practice-guide", "canonical": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia", "links": [ { "rel": "self", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia.json", "type": "application/json" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia", "type": "text/html" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia/markdown", "type": "text/markdown" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia/json", "type": "application/json" } ], "data": { "topic": "wage-and-hour", "state": "virginia", "frontmatter": { "title": "Wage and Hour Law in Virginia", "description": "A reader-facing summary of Virginia wage-and-hour law—covering the state minimum wage and its scheduled increases, weekly overtime, pay frequency and pay-stub content, final pay on separation, penalties for late payment, worker classification, tips, and enforcement—based solely on verified primary law.", "state": "Virginia", "lastReviewed": "2026-07-20", "license": "CC BY 4.0", "authors": [ "steven-obiajulu" ], "summary": { "minimumWageFloor": "aboveFederal", "bottomLine": "Virginia sets its own minimum wage above the federal floor, requires overtime by the 40-hour workweek, mandates detailed pay statements, allows a tip credit against the wage owed, and lets underpaid workers recover liquidated or triple damages, while the sections cited here impose no meal or rest break requirement.", "keyLaw": "Va. Code §§ 40.1-28.9, 40.1-28.10, 40.1-29, 40.1-29.2, 40.1-29.3, 40.1-28.7:7", "dailyOvertime": "weeklyOnly", "mealRestBreaks": "none", "finalPayTiming": "nextPayday", "latePayPenalty": "liquidatedDamages", "payFrequency": "semiMonthly", "wageStatement": "detailedStatutoryList", "workerClassificationTest": "commonLaw", "tipCredit": "fullFederalTipCredit", "currentAsOf": "2026-07-20" }, "about": [ "Virginia wage and hour law", "Virginia minimum wage and its scheduled increases through 2029", "Virginia overtime and its tie to the federal Fair Labor Standards Act", "Virginia final pay, late-pay penalties, pay frequency, and pay stubs", "Virginia worker classification and the misclassification presumption", "Virginia wage enforcement and the private right of action" ], "translations": [ { "language": "中文", "status": "planned" }, { "language": "Español", "status": "planned" }, { "language": "Português", "status": "planned" }, { "language": "Deutsch", "status": "planned" } ] }, "questions": [ { "slug": "minimum-wage", "label": "What is the state minimum wage, and how does it relate to the federal floor?", "heading": "What is the minimum wage?", "answerText": "For the period from January 1, 2026 to January 1, 2027, every Virginia employer must pay each employee wages at a rate not less than the greater of 12.77 dollars per hour or the federal minimum wage. The federal minimum wage is 7.25 dollars per hour. Because the statute requires the greater of those two figures, an employer must pay the 12.77 dollar state rate during this window. The statute sets scheduled step-ups after that: at least 13.75 dollars per hour from January 1, 2027 to January 1, 2028, and at least 15.00 dollars per hour from January 1, 2028 to January 1, 2029. Beginning by October 1, 2028 and annually after that, the Commissioner sets an adjusted state hourly minimum wage for the following calendar year.", "sources": [ { "id": "va-minwage-2026", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.10", "citation": "Va. Code § 40.1-28.10(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.10/", "proposition": "From January 1, 2026 to January 1, 2027, Virginia employers must pay at least the greater of $12.77 per hour or the federal minimum wage.", "verbatimQuote": "From January 1, 2026, until January 1, 2027, every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-minwage-2026" }, { "id": "fed-minwage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 U.S.C. § 206(a)(1)(C)", "citation": "29 U.S.C. § 206(a)(1)(C)", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&edition=prelim", "proposition": "The federal minimum wage is $7.25 per hour.", "verbatimQuote": "$7.25 an hour", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-minwage" }, { "id": "va-minwage-2027", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.10", "citation": "Va. Code § 40.1-28.10(C)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.10/", "proposition": "From January 1, 2027 to January 1, 2028, the floor is the greater of $13.75 per hour or the federal minimum wage.", "verbatimQuote": "not less than the greater of (i) $13.75 per hour or (ii) the federal minimum wage", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-minwage-2027" }, { "id": "va-minwage-2028", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.10", "citation": "Va. Code § 40.1-28.10(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.10/", "proposition": "From January 1, 2028 to January 1, 2029, the floor is the greater of $15.00 per hour or the federal minimum wage.", "verbatimQuote": "not less than the greater of (i) $15.00 per hour or (ii) the federal minimum wage", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-minwage-2028" }, { "id": "va-minwage-adjust", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.10", "citation": "Va. Code § 40.1-28.10(F)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.10/", "proposition": "By October 1, 2028 and annually thereafter, the Commissioner sets an adjusted state hourly minimum wage for the next calendar year.", "verbatimQuote": "By October 1, 2028, and annually thereafter, the Commissioner shall establish the adjusted state hourly minimum wage that shall be in effect during the 12-month period commencing on the following January 1", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-minwage-adjust" } ] }, { "slug": "overtime", "label": "Does the state require daily overtime beyond the federal 40-hour weekly rule?", "heading": "When is overtime owed?", "answerText": "Virginia requires an overtime premium of at least one and one-half times an employee's regular rate for hours worked over 40 in a single workweek. That mirrors the federal Fair Labor Standards Act (FLSA), which uses the same 40-hour weekly trigger and the same time-and-a-half rate. The regular rate is the employee's hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek. The sections cited here set overtime by the 40-hour workweek and do not establish any daily overtime or double-time requirement. Virginia also makes an employer who violates the FLSA overtime rules liable to the employee for the remedies available under state law.", "sources": [ { "id": "va-ot-premium", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29.3", "citation": "Va. Code § 40.1-29.3(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-29.3/", "proposition": "Virginia requires overtime of at least 1.5 times the regular rate for hours over 40 in a workweek.", "verbatimQuote": "An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee's regular rate for any hours worked by an employee in excess of 40 hours in any one workweek.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-ot-premium" }, { "id": "fed-ot", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 U.S.C. § 207(a)(1)", "citation": "29 U.S.C. § 207(a)(1)", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&edition=prelim", "proposition": "The FLSA requires time-and-a-half pay for hours over 40 in a workweek.", "verbatimQuote": "for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-ot" }, { "id": "va-ot-regular-rate", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29.3", "citation": "Va. Code § 40.1-29.3(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-29.3/", "proposition": "The regular rate is the hourly rate plus other non-overtime wages for the workweek, under the FLSA framework.", "verbatimQuote": "An employee's regular rate shall be calculated as the employee's hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-ot-regular-rate" }, { "id": "va-ot-flsa", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29.2", "citation": "Va. Code § 40.1-29.2", "url": "https://law.lis.virginia.gov/vacode/40.1-29.2/", "proposition": "An employer who violates the FLSA overtime rules is liable to the employee for the remedies available under Va. Code § 40.1-29(K).", "verbatimQuote": "shall be liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-ot-flsa" } ] }, { "slug": "meal-rest-breaks", "label": "Are meal and rest breaks mandated, and are they paid?", "heading": "Are breaks required?", "answerText": "Breaks are covered here through the federal Fair Labor Standards Act (FLSA) rules on when a break counts as paid time. Under those federal rules, a bona fide meal period is not worktime: the employee must be completely relieved from duty to eat, and 30 minutes or more is ordinarily long enough to qualify. Short rest periods of roughly 5 to 20 minutes are different; they are customarily paid and must be counted as hours worked.", "sources": [ { "id": "fed-meal", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 C.F.R. § 785.19", "citation": "29 C.F.R. § 785.19(a)", "url": "https://www.ecfr.gov/current/title-29/section-785.19", "proposition": "Under the FLSA regulations, a bona fide meal period is not worktime if the employee is completely relieved from duty; 30 minutes or more ordinarily qualifies.", "verbatimQuote": "The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-meal" }, { "id": "fed-rest", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 C.F.R. § 785.18", "citation": "29 C.F.R. § 785.18", "url": "https://www.ecfr.gov/current/title-29/section-785.18", "proposition": "Under the FLSA regulations, short rest periods of 5 to about 20 minutes are paid and count as hours worked.", "verbatimQuote": "Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-rest" } ] }, { "slug": "final-pay", "label": "When must final wages be paid on separation, and what is the penalty for paying late?", "heading": "When is final pay due?", "answerText": "When employment ends, the worker must be paid all wages due for work performed before the separation, and that payment must be made on or before the date the worker would have been paid for that work had employment continued. In practice this ties final pay to the next regular payday rather than to the last day on the job.", "sources": [ { "id": "va-final-pay", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "On termination, an employee must be paid all wages due on or before the date they would have been paid had employment not ended.", "verbatimQuote": "Upon termination of employment an employee shall be paid all wages due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-final-pay" } ] }, { "slug": "late-pay-penalty", "label": "What is the penalty for paying wages or final pay late?", "heading": "What is the penalty for paying late?", "answerText": "An employer who fails to pay wages owes the unpaid wages plus an equal amount as liquidated damages, together with interest at 8 percent per year running from the date the wages were due. If a court finds the failure was knowing, the award rises to triple the wages due, plus reasonable attorney fees and costs. A knowing failure to pay can also draw a civil penalty of up to 1,000 dollars for each violation. An employer cannot rely on the good-faith defense unless it cures the violation within 14 days of being notified by paying all wages unlawfully withheld.", "sources": [ { "id": "va-liquidated", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(H)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "An employer who fails to pay wages owes all wages due plus an equal amount as liquidated damages plus 8 percent annual interest.", "verbatimQuote": "any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages, plus interest at an annual rate of eight percent accruing from the date the wages were due.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-liquidated" }, { "id": "va-triple", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(K)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "If the employer knowingly failed to pay wages, the court awards triple the wages due plus reasonable attorney fees and costs.", "verbatimQuote": "If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-triple" }, { "id": "va-civil-penalty", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(I)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "A knowing failure to pay wages can draw a civil penalty of up to $1,000 per violation.", "verbatimQuote": "Any employer who knowingly fails to make payment of wages shall be subject to a civil penalty not to exceed $1,000 for each violation.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-civil-penalty" }, { "id": "va-good-faith", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(P)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "An employer cannot claim the good-faith defense unless it cures the violation within 14 days by paying all wages unlawfully withheld.", "verbatimQuote": "An employer shall not claim the good faith defense unless such employer cures the violation within 14 days of being notified of the violation by paying all wages unlawfully withheld.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-good-faith" } ] }, { "slug": "pay-frequency", "label": "How often must workers be paid, and what must a pay stub show?", "heading": "How often must workers be paid?", "answerText": "Virginia sets a minimum pay schedule: salaried employees must be paid at least once each month, and hourly employees at least once every two weeks or twice each month. Employers must set regular pay periods and rates of pay for their employees, apart from executive personnel. On each regular pay date, every employer except those in agricultural employment must give each employee a written statement, by pay stub or online accounting, showing the name and address of the employer, along with the rate of pay, gross wages earned, and the amount and purpose of any deductions. The statement must carry enough information for the employee to see how gross and net pay were calculated. Employers must keep these pay records for at least three years after the work was performed. An employer may not withhold any part of wages except for taxes or as allowed by law, unless the employee gives written, signed authorization.", "sources": [ { "id": "va-pay-freq", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Salaried employees must be paid at least monthly and hourly employees at least every two weeks or twice a month, with limited exceptions by agreement.", "verbatimQuote": "All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every two weeks or twice in each month", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-pay-freq" }, { "id": "va-pay-periods", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Employers must establish regular pay periods and rates of pay for employees, except executive personnel.", "verbatimQuote": "All employers operating a business or engaging an individual to perform domestic service shall establish regular pay periods and rates of pay for employees except executive personnel.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-pay-periods" }, { "id": "va-paystub-nameaddr", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Each employer other than one in agricultural employment must provide a written pay statement showing the name and address of the employer.", "verbatimQuote": "each employer, other than an employer engaged in agricultural employment including agribusiness and forestry, shall provide to each employee a written statement, by a paystub or online accounting, that shows the name and address of the employer", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-paystub-nameaddr" }, { "id": "va-paystub", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Each regular pay date, most employers must give a written statement showing the rate of pay, gross wages earned, and the amount and purpose of any deductions.", "verbatimQuote": "the rate of pay; the gross wages earned by the employee during the pay period; and the amount and purpose of any deductions therefrom.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-paystub" }, { "id": "va-paystub-calc", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "The statement must include enough information for the employee to determine how gross and net pay were calculated.", "verbatimQuote": "The paystub or online accounting shall include sufficient information to enable the employee to determine how the gross and net pay were calculated.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-paystub-calc" }, { "id": "va-paystub-retention", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Employers must keep pay stubs or online accounting for at least three years after the work was performed.", "verbatimQuote": "An employer shall keep such paystubs or online accounting for at least three years following the date of the work performed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-paystub-retention" }, { "id": "va-withholding", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(D)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Employers may not withhold wages except for taxes or as allowed by law, absent written, signed authorization from the employee.", "verbatimQuote": "No employer shall withhold any part of the wages of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-withholding" } ] }, { "slug": "worker-classification", "label": "What test does the state use to classify a worker as an employee or contractor?", "heading": "Employee or independent contractor?", "answerText": "In a misclassification proceeding, a person paid for services is presumed to be an employee, and the payer is presumed to be the employer, unless it is shown that the worker is an independent contractor as determined under Internal Revenue Service (IRS) guidelines. The sections cited here point to the IRS guidelines as the measure and do not restate the individual factors themselves. A worker who was not properly classified may bring a civil action for damages against the employer where the employer knew of the misclassification. Such an action must be commenced within three years after the cause of action accrues.", "sources": [ { "id": "va-class-presumption", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.7:7", "citation": "Va. Code § 40.1-28.7:7(C)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.7:7/", "proposition": "A paid worker is presumed an employee unless shown to be an independent contractor under IRS guidelines.", "verbatimQuote": "an individual who performs services for a person for remuneration shall be presumed to be an employee of the person that paid such remuneration, and the person that paid such remuneration shall be presumed to be the employer of the individual who was paid for performing the services, unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-class-presumption" }, { "id": "va-class-action", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.7:7", "citation": "Va. Code § 40.1-28.7:7(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.7:7/", "proposition": "A misclassified worker may sue the employer for damages where the employer knew of the misclassification.", "verbatimQuote": "An individual who has not been properly classified as an employee may bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-class-action" }, { "id": "va-class-limitations", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.7:7", "citation": "Va. Code § 40.1-28.7:7(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.7:7/", "proposition": "A misclassification action must be commenced within three years after the cause of action accrues.", "verbatimQuote": "Any action brought pursuant to this subsection shall commence within three years after the accrual of the cause of action.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-class-limitations" } ] }, { "slug": "tip-credit", "label": "Does the state allow a tip credit against the cash minimum wage?", "heading": "Is a tip credit allowed?", "answerText": "Yes. The Virginia Minimum Wage Act treats a tipped employee's pay as increased on account of tips by an amount the employer determines, which lets an employer count tips toward the wage it owes instead of paying the whole amount in cash. The employee can displace the employer's figure by establishing with clear and convincing evidence that the tips actually received came to less, in which case only the smaller amount counts. Virginia defines a tipped employee as one who customarily and regularly takes in more than 30 dollars a month in tips from people other than the employer. An employer may not put someone in that category at all if law or regulation bars that person from soliciting tips. Virginia's provision leaves the credited amount to the employer rather than fixing a cash floor of its own, and the wage an employer must reach is the greater of the state rate or the federal minimum wage. Federal law caps what the credit can do: the amount credited on account of tips may not exceed the tips the employee actually received. Federal law also bars an employer from keeping employee tips for any purpose, including letting managers or supervisors take a share, whether or not the employer takes a tip credit.", "sources": [ { "id": "va-tip-credit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.9", "citation": "Va. Code § 40.1-28.9(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.9/", "proposition": "A tipped employee's pay is deemed increased on account of tips by an amount the employer determines, unless the employee shows by clear and convincing evidence that the tips actually received were less.", "verbatimQuote": "In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-tip-credit" }, { "id": "va-tipped-employee", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.9", "citation": "Va. Code § 40.1-28.9(A)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.9/", "proposition": "Virginia defines a tipped employee as one who customarily and regularly receives more than $30 a month in tips from people other than the employer.", "verbatimQuote": "“Tipped employee” means an employee who in the course of employment customarily and regularly receives tips totaling more than $30 each month from persons other than the employee's employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-tipped-employee" }, { "id": "va-tip-classification", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.9", "citation": "Va. Code § 40.1-28.9(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.9/", "proposition": "An employer may not classify someone as a tipped employee if law or regulation bars that person from soliciting tips.", "verbatimQuote": "An employer shall not classify an individual as a tipped employee if the individual is prohibited by applicable federal or state law or regulation from soliciting tips.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-tip-classification" }, { "id": "va-minwage-full", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-28.10", "citation": "Va. Code § 40.1-28.10(B)", "url": "https://law.lis.virginia.gov/vacode/40.1-28.10/", "proposition": "Virginia requires every employer to pay each employee at least the greater of the state rate or the federal minimum wage.", "verbatimQuote": "every employer shall pay to each of its employees wages at a rate not less than the greater of (i) $12.77 per hour or (ii) the federal minimum wage", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-minwage-full" }, { "id": "fed-tip-credit-cap", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 U.S.C. § 203(m)(2)(A)", "citation": "29 U.S.C. § 203(m)(2)(A)", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203&edition=prelim", "proposition": "The amount credited on account of tips may not exceed the tips the employee actually received.", "verbatimQuote": "The additional amount on account of tips may not exceed the value of the tips actually received by an employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-tip-credit-cap" }, { "id": "va-wages-tips", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(A)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "Virginia's definition of wages includes tips.", "verbatimQuote": "“Wages” includes any remuneration an employer owes to an employee, including hourly wages, minimum wages, piece rate wages, day rates, salaries, overtime wages, legally required prevailing wages, commissions, tips, bonuses", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-wages-tips" }, { "id": "fed-tipped-employee", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 U.S.C. § 203(t)", "citation": "29 U.S.C. § 203(t)", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203&edition=prelim", "proposition": "A tipped employee is one who customarily and regularly receives more than $30 a month in tips.", "verbatimQuote": "“Tipped employee” means any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-tipped-employee" }, { "id": "fed-tip-keeping", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "29 U.S.C. § 203(m)(2)(B)", "citation": "29 U.S.C. § 203(m)(2)(B)", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203&edition=prelim", "proposition": "An employer may not keep employee tips for any purpose, including letting managers or supervisors take a share, regardless of any tip credit.", "verbatimQuote": "An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees' tips, regardless of whether or not the employer takes a tip credit.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-fed-tip-keeping" } ] }, { "slug": "enforcement", "label": "How is wage-and-hour law enforced, and can employees sue?", "heading": "How is it enforced?", "answerText": "Enforcement runs on two tracks. The Commissioner may open an investigation after a complaint from an employee or an interested third party, or on the Commissioner's own initiative. Employees can also pursue their own claims: an employer that fails to pay wages is liable for the wages due plus an equal amount as liquidated damages, and a knowing failure raises the award to triple the wages due plus reasonable attorney fees and costs. An action under the wage-payment section must be commenced within three years after the cause of action accrues. An overtime action likewise must be commenced within three years after accrual, following the FLSA limitations framework.", "sources": [ { "id": "va-enf-investigate", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(G)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "The Commissioner may investigate on a complaint from an employee or interested third party, or at the Commissioner's discretion.", "verbatimQuote": "The Commissioner may initiate an investigation upon the receipt of a complaint from an employee or an interested third party, or at the Commissioner's discretion.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-enf-investigate" }, { "id": "va-enf-liquidated", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(H)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "An employer that fails to pay wages is liable for the wages due plus an equal amount as liquidated damages.", "verbatimQuote": "any employer who fails to make payment of wages shall be liable for the payment of all wages due, and an additional equal amount as liquidated damages", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-enf-liquidated" }, { "id": "va-enf-triple", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(K)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "A knowing failure to pay wages leads to triple damages plus reasonable attorney fees and costs.", "verbatimQuote": "If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-enf-triple" }, { "id": "va-enf-limitations", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29", "citation": "Va. Code § 40.1-29(M)", "url": "https://law.lis.virginia.gov/vacode/40.1-29/", "proposition": "A wage-payment action must be commenced within three years after the cause of action accrued.", "verbatimQuote": "An action under this section shall be commenced within three years after the cause of action accrued.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-enf-limitations" }, { "id": "va-ot-limitations", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Va. Code § 40.1-29.2", "citation": "Va. Code § 40.1-29.2", "url": "https://law.lis.virginia.gov/vacode/40.1-29.2/", "proposition": "An overtime action must be commenced within three years after accrual, under the FLSA limitations framework.", "verbatimQuote": "Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act and shall be commenced within three years after accrual.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/virginia#src-va-ot-limitations" } ] } ] } }