Virginia Overtime Calculator — state cause of action

Frequently Asked Questions

• What is Virginia's overtime law in 2026?

  Virginia's Overtime Wage Act (Va. Code § 40.1-29.2), effective July 1, 2021, requires employers to pay 1.5× the regular rate for all hours worked over 40 in a workweek. It creates an independent state cause of action with liquidated damages, attorney fees, and a statute of limitations of 2 years (3 for willful violations).

• Does Virginia have daily overtime thresholds?

  No. Virginia uses only the federal weekly 40-hour threshold. There is no daily overtime trigger (such as California's 8-hour daily rule) and no double-time provision. Only hours beyond 40 per workweek earn the 1.5× premium.

• How is the regular rate calculated under Virginia's overtime law?

  Under Va. Code § 40.1-29.2, the regular rate equals total weekly wages (hourly pay × hours + non-overtime supplements like non-discretionary bonuses and shift differentials) divided by total hours worked that week. Discretionary bonuses and bona fide gifts are typically excluded.

• What remedies are available if my employer owes me overtime in Virginia?

  Under Virginia's Overtime Wage Act you can recover: (1) all unpaid overtime wages; (2) liquidated damages in an equal amount, effectively doubling your recovery; (3) reasonable attorney fees and court costs. For willful violations, the statute of limitations extends to 3 years.

• How long do I have to file a Virginia overtime claim?

  The statute of limitations is 2 years from when the wages were due under Va. Code § 40.1-29.2, or 3 years if the violation was willful. The federal FLSA also has a 2-year (3-year willful) SOL — you may choose whichever provides the longer or more favorable window.

• Who is exempt from Virginia's overtime requirements?

  Virginia's Overtime Wage Act adopts the same FLSA exemptions: bona fide executive, administrative, professional (EAP), outside sales, highly compensated employees, certain computer professionals, and other FLSA-exempt categories. The federal salary basis test ($684/week minimum as of 2026) applies to most white-collar exemptions.

• Can I sue under both Virginia law and federal FLSA for unpaid overtime?

  Yes, but courts prevent double recovery for the same damages. You may bring claims under both statutes — Virginia law is advantageous if your employer is not covered by FLSA (e.g., small businesses below the $500,000 revenue threshold), if you prefer state court, or if you need the 3-year willful-violation SOL.

• What is Virginia's minimum overtime rate for 2026?

  Because Virginia's minimum wage is $12.77/hr in 2026, the minimum overtime rate is 1.5 × $12.77 = $19.16/hr. For any employee earning more than the minimum wage, the overtime rate is 1.5× their actual regular rate.

• Does Virginia's overtime law apply to all employers?

  Virginia's Overtime Wage Act applies broadly, but it incorporates FLSA coverage rules. Employers with annual gross revenues of $500,000 or more, and those engaged in interstate commerce, are covered. Small purely-local employers below the FLSA threshold may not be covered by either law.

• Where do I file a Virginia overtime complaint?

  You can file with the Virginia Department of Labor and Industry (DOLI) at doli.virginia.gov, bring a private civil action in Virginia state court, or file with the federal DOL Wage and Hour Division (WHD). Filing with DOLI tolls the statute of limitations during investigation.