Virginia FLSA Laws: Your Guide to Compliance
Safeguard Your Business with Virginia-Specific FLSA Auditing
Minimum Wage in Virginia
- Federal FLSA: $7.25/hour.
- Virginia Law: $12.00/hour (non-tipped) as of January 1, 2023, with planned increases stalled—still $12.00/hour in 2025 (Virginia Code § 40.1-28.10). Tipped employees: $2.13/hour with a $9.87 tip credit. Adjustments to $15.00 by 2026 require legislative action.
- What You Need to Know: Higher state rate applies—violations can lead to double damages and fines up to $2,500 per offense.
Overtime Pay
- Federal FLSA: 1.5x regular rate for hours over 40/week.
- Virginia Specifics: Matches federal 40-hour rule. Overtime based on state minimum wage ($18.00/hour in 2025). Virginia Overtime Wage Act (2021) aligns with FLSA but bans fluctuating workweek method (Virginia Code § 40.1-29.2).
- Risk: Misclassifications or unpaid overtime can trigger state or DOL penalties.
Child Labor
- Virginia Rules: Minors under 14 restricted to limited roles; 14–15 capped at 3 hours/school day, 8 hours/non-school day; 16–17 barred from hazardous jobs. Work permits required under 16 (Virginia Code § 40.1-78).
- Federal FLSA: Aligns, but Virginia’s permit rule is stricter—state law applies.
Recordkeeping
- Federal FLSA: 3-year retention of payroll and hours records.
- Virginia Addition: 3 years minimum, with pay stubs required showing hours, wages, and deductions (Virginia Code § 40.1-29).
Enforcement & Penalties
- Federal: DOL penalties, back wages, up to $1.2M average for violations.
- Virginia: Double damages for unpaid wages, fines up to $2,500 per violation, enforced by VA DOLI (Virginia Code § 40.1-29).
Why It Matters for Your Business
- CFOs and Managers: Virginia’s $12.00 minimum wage, stalled increases, and strict overtime rules create compliance pitfalls. A payroll error could cost thousands—or millions in a DOL audit.
- Avoid Costly Mistakes: Stay compliant with expert FLSA auditing tailored to Virginia laws.
Schedule Your Virginia FLSA Audit Today
