Hours & Pay Regulations
The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.
Effective July 1, 2021, Virginia employers will be subject to new state overtime pay requirements. Like the FLSA, the new Virginia law shall also require employers to pay 1.5 times a non-exempt employee’s regular rate of pay for all hours worked in excess of 40 hours in each workweek.
Rate of Calculation – The new Virginia law specifies exactly how that regular rate and overtime rate are to be calculated for hourly and salaried non-exempt workers, effectively eliminating certain payment arrangements available under the FLSA.
The Virginia Overtime Act shall change how employers should calculate a non-exempt employee’s regular rate of pay if that employee is paid on a salary basis. If the employee is paid on an hourly basis, the Virginia Overtime Act adopts the FLSA calculation,
But if an employee is paid on a salary basis it would include wages, commissions, and non-discretionary bonuses, and the regular rate will simply be calculated by dividing the amount of compensation received that week by 40 hours – regardless of how many hours the employee actually worked that week.
Virginia generally does not require private employers to provide employees rest breaks. Virginia’s day of rest requirements was repealed on July 1, 2005.
Breast Feeding Break
Va. Code § 2.2-1147.1 (2002, 2015) guarantees a woman the right to breastfeed her child on in any place where the mother is lawfully present, including any location where she would otherwise be allowed on property that is owned, leased or controlled by the state. The bill also stipulates that childbirth and related medical conditions specified in the Virginia Human Rights Act include activities of lactation, including breastfeeding and expression of milk by a mother for her child.
Va. Code Ann. § 8.01-341.1 (2005) provides that a mother who is breastfeeding a child may be exempted from jury duty upon her request.
Va. Code § 22.1-79.5. (2014) directs each local school board to adopt a policy to set aside, in each school in the school division, a non-restroom location that is shielded from the public view to be designated as an area in which any mother who is employed by the local school board or enrolled as a student may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one.
Effective May 1, 2021, the minimum wage is $9.50. The State law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
There are no general provisions regarding meal and rest breaks.
Minor employees under age 16, including minors employed in agriculture, must be allowed a 30-minute meal period for every five hours of continuous work. No period of fewer than 30 minutes is considered an interruption in a continuous period of work.
Virginia does not require employers to provide paid or unpaid vacation to employees. Accordingly, the entitlement to such leave is controlled by contract.
- On or after 5 p.m. on the day of the jury duty; or
- Before 3 a.m. on the day following the jury duty.
In addition to USERRA, Virginia law provides rights and benefits to members of the Virginia National Guard, the Virginia Defense Force or the Naval Militia who serve state active duty or military duty. These military service members are entitled to unpaid leave if they are called to state or military active duty. Employers may not require the use of any type of accrued paid leave during a period of active service. However, an employee forfeits reemployment rights when the cumulative length of leave for military duty exceeds five years. An employer may not discriminate against any employee for his or her connection or membership with these organizations.
Employers must allow crime victims unpaid leave in order to attend criminal proceedings. An employee must provide notice to the employer with a copy of the form provided to the employee by law enforcement, and any notice of each scheduled criminal proceeding. A criminal proceeding is a proceeding at which the victim has the right or opportunity to appear, involving a crime against the victim, including:
- The initial appearance of the person suspected of committing the crime against the victim; or
- Any proceeding in which the court considers the post-arrest release of the person accused of a crime against the victim or the conditions of that release; or
- Any proceeding in which a negotiated plea for the person accused of the crime against the victim will be presented to the court; or
- Any sentencing proceeding; or
- Any proceeding in which post-conviction release from confinement is considered; or
- Any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person convicted of a crime against the victim; or
- Any proceeding where the court is requested to modify the terms of probation or intensive probation of a person, if the modification will substantially affect the person’s contact with, or the safety of, the victim, or if the modification involves restitution or incarceration status. Employers cannot dismiss, refuse to hire, discriminate or apply any adverse employment action against victims who leave work to attend criminal proceedings. Employers may only limit victim and witness leave if the leave creates an undue hardship for the employer.
Full-time state employees are allowed up to 30 days of paid leave for organ. (§ 2.2-2821.1).
Last updated on: June 30th, 2021