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Virginia

State law in effect

Virginia overtime.

Virginia layers its own overtime rules on top of the federal FLSA baseline.

State code

VA

Weekly OT

40

hrs

Daily OT

—

Double time

—

Min wage

$12.41

/hr

The rules

How Virginia calculates overtime.

Weekly overtime

Hours over 40 per workweek paid at 1.5×

Daily overtime

Not required by state law

Double time

Not required by state law

7th consecutive day

No special rule

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The weekly timesheet automatically applies VA rules.

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Exemptions

Who's outside the rules

These categories of employees may be exempt from the overtime requirements above:

01

Executive, administrative, and professional employees

Important notes

Virginia follows federal weekly overtime rules.

Where to file a claim

Virginia Department of Labor and Industry

Phone

(804) 371-2327

Website

https://www.doli.virginia.gov

Economy & workforce

Virginia at a glance

Virginia has a strong, diversified economy anchored by federal government operations, defense contracting, and technology. Northern Virginia is the world's largest data center hub, handling over 70% of global internet traffic. The defense industry alone contributes over $36 billion annually and supports 300,000 jobs.

Where overtime happens

Industries with frequent overtime

Government Contracting and Defense

Virginia hosts major defense contractors including Boeing, Northrop Grumman, and General Dynamics. Engineers, analysts, and support staff often work overtime on government projects with strict deadlines.

Technology and Cybersecurity

Northern Virginia's tech sector includes data centers for Amazon, Google, and Microsoft. IT professionals, cybersecurity specialists, and data center technicians frequently work extended hours during system implementations and security incidents.

Healthcare

Major hospital systems across Virginia employ thousands of healthcare workers. Nurses, technicians, and medical staff regularly work overtime to provide continuous patient care.

Manufacturing

Virginia's manufacturing sector generates almost $46 billion and employs over 240,000 workers. Production workers in shipbuilding, food processing, and other industries often work overtime to meet production schedules.

Common questions

Virginia overtime FAQ

Yes, the Virginia Overtime Wage Act (VOWA), enacted in 2021, reinforces federal FLSA requirements. Employers must pay non-exempt employees 1.5 times their regular rate for hours worked over 40 in a workweek. VOWA provides state-level enforcement and remedies.

No, the Virginia Department of Labor and Industry does not handle overtime claims directly. For overtime complaints, you should file with the U.S. Department of Labor's Wage and Hour Division or pursue a private lawsuit. DOLI handles general wage payment claims but refers overtime matters to federal authorities.

Under Virginia law, if an employer fails to pay overtime, you can recover the unpaid overtime wages, an equal amount as liquidated damages (double damages), plus reasonable attorney fees and costs. You must file within two years, or three years for willful violations.

Step by step

Filing a wage claim in Virginia

If you believe you're owed unpaid overtime, here's what to do — in order.

1

For general wage claims: Submit electronically through the DOLI Portal or mail a signed paper form

2

For overtime claims: File with the U.S. Department of Labor Wage and Hour Division or consult an employment attorney

3

Gather documentation including pay stubs, timesheets, and employment records

4

Contact DOLI's Payment of Wage Unit at (804) 786-2706 for guidance

5

You may also file a private lawsuit to recover overtime wages plus liquidated damages

Worth knowing

Virginia prohibits non-compete agreements for 'low-wage employees.' As of 2024, this applies to workers earning less than $1,410 per week ($73,320 annually). Effective July 2025, the prohibition expands to include all non-exempt employees under the FLSA, meaning most hourly workers cannot be bound by non-compete clauses regardless of their pay rate.

For general education only. Overtime law changes and has exceptions not listed here. For a specific situation, talk to your employer's HR department, the Virginia Department of Labor, or an employment attorney.

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Estimates only. Not legal advice. Always confirm with HR, your state Department of Labor, or an employment attorney.