Virginia Overtime Laws
Virginia has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$12.41
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
Virginia follows federal weekly overtime rules.
State Labor Department
Virginia Economy and Workforce
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.
Industries with Common Overtime
These Virginia industries frequently involve overtime work situations:
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.
Frequently Asked Questions
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.
How to File a Wage Claim in Virginia
If you believe you are owed overtime pay, follow these steps:
For general wage claims: Submit electronically through the DOLI Portal or mail a signed paper form
For overtime claims: File with the U.S. Department of Labor Wage and Hour Division or consult an employment attorney
Gather documentation including pay stubs, timesheets, and employment records
Contact DOLI's Payment of Wage Unit at (804) 786-2706 for guidance
You may also file a private lawsuit to recover overtime wages plus liquidated damages
Important Virginia Consideration
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.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.