Virginia Overtime Laws: Threshold, Rate and Exemptions — Best Proven Guide (2026)

Under Virginia overtime laws you earn no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Virginia — only the weekly total counts. The minimum wage is $12.77. This guide gives the exact virginia overtime laws rule with the date we verified it, the statute, and what to do next.

Rules verified against Virginia Department of Labor and Industry, Labor and Employment Law Division on 2026-10-08; confirm the current rule with Virginia Department of Labor and Industry, Labor and Employment Law Division or an attorney before you rely on it.

Virginia Overtime Laws: The Rules

No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Virginia — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.

The DOL page lists no Virginia overtime trigger; the federal 40-hour rule applies. FLAG: the 2022 repeal of the Virginia Overtime Wage Act and the 40.1-29.3 enforcement provision are from memory — confirm on law.lis.virginia.gov before the first refresh.

How to Calculate Overtime Under Virginia Overtime Laws

Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $12.77 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.

Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.

Virginia Overtime Laws at a Glance

Rules verified against Virginia Department of Labor and Industry, Labor and Employment Law Division on 2026-10-08; confirm the current rule with Virginia Department of Labor and Industry, Labor and Employment Law Division or an attorney before you rely on it. The statute row is where to check it yourself.

Who Is Exempt From Virginia Overtime Laws

Virginia’s overtime law follows the federal Fair Labor Standards Act exemptions. The main exempt groups are salaried executives, administrators and professionals who pass the federal duties test, plus outside sales workers. Workers in the executive, administrative and professional groups must generally also meet the federal salary-level and salary-basis tests. A job title by itself does not make anyone exempt.

Daily Overtime and Virginia Overtime Laws

Virginia has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Virginia follows the federal FLSA here. The FLSA generally does not let private employers give comp time instead of paying overtime in cash. Comp time in place of overtime is generally limited to public-sector employers.

Is Overtime Taxed Differently Under Virginia Overtime Laws?

No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Virginia lets employers take a tip credit, but overtime for tipped workers is generally figured from the full minimum wage, not the lower cash wage.

Under the federal method that Virginia follows, the overtime rate is 1.5 times the full minimum wage minus the tip credit taken. Tips cannot be used to cover the overtime premium itself.

How to Claim Unpaid Overtime Under Virginia Overtime Laws

The Virginia Department of Labor and Industry stopped taking overtime complaints on July 1, 2022. Most workers owed overtime now file a complaint with the U.S. Department of Labor’s Wage and Hour Division, by phone or online, or bring a private lawsuit under Va. Code § 40.1-29.2.

The look-back period follows the federal FLSA limitations rules, so confirm your filing window with the Wage and Hour Division as soon as you can.

Other Virginia Overtime Laws Rules to Know

The Virginia Overtime Wage Act (Va. Code § 40.1-29.2) took effect in 2021. A 2022 amendment brought it closely in line with the federal FLSA, including its remedies and limitations, and moved overtime enforcement away from the state agency. In practice, Virginia overtime claims go to the U.S. Department of Labor or to court, not to the Virginia Department of Labor and Industry.

Frequently Asked Questions

When do I get overtime under Virginia overtime laws?

No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Virginia — only the weekly total counts.

What is the overtime rate in Virginia?

One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.

Does Virginia have daily overtime?

No daily overtime in virginia — only the weekly total counts.

Can my employer give comp time instead of overtime pay in Virginia?

Virginia follows the federal FLSA here. The FLSA generally does not let private employers give comp time instead of paying overtime in cash. Comp time in place of overtime is generally limited to public-sector employers.

How do I claim unpaid overtime in Virginia?

The Virginia Department of Labor and Industry stopped taking overtime complaints on July 1, 2022. Most workers owed overtime now file a complaint with the U.S.

Official Virginia Sources & Resources

• Virginia Department of Labor and Industry, Labor and Employment Law Division: https://www.doli.virginia.gov/labor-law/
• Virginia statute (The DOL page lists no Virginia overtime trigger; the federal 40-hour rule applies. FLAG: the 2022 repeal of the Virginia Overtime Wage Act and the 40.1-29.3 enforcement provision are from memory — confirm on law.lis.virginia.gov before the first refresh.): https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-29.2/
• Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov

This virginia overtime laws guide was last verified against official Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Virginia Workplace Rights Guides

• Virginia Break Laws: Meal and Rest Breaks
• Virginia Final Paycheck Law: Deadlines and Penalties
• Virginia Labor Laws: Every Rule in One Place
• Virginia Unemployment Benefits: How Much and How Long
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.