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.
Virginia has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all work in excess of 40 hours per week be paid at a rate of one-and-one-half times the employee’s regular rate of pay.
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 Virginia’s day of rest requirements was repealed on July 1, 2005.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.
Employees covered by Virginia’s minimum wage law must be paid $7.25 an hour.
Under state law, employers are not required to pay tipped employees any cash wage unless employees demonstrate that their tips do not equal at least the minimum wage.
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.
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:
Full-time state employees are allowed up to 30 days of paid leave for organ. (§ 2.2-2821.1).
Last updated on: February 7th, 2019