The rule in Virginia
In Virginia, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “No state overtime provision listed in the DOL table. FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in Virginia
- Still applying the 2021 Virginia formula that divided a weekly salary by 40. Since the 2022 amendment Virginia uses the federal calculation methods instead.
- Telling an employee there is nothing to claim under Virginia law. Va. Code § 40.1-29.2 gives a Virginia claim with federal remedies, brought through the state's own wage claim process.
- Paying late wages as though there were no cost. Virginia adds an equal amount plus 8% interest, and triple wages where the failure to pay was knowing.
Other Virginia pay rules worth knowing
- Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
- Unused PTO: The Virginia Wage Payment Act's definition of wages does not list vacation pay (§ 40.1-29(A)). Whether unused vacation is paid out depends on your employer's written policy or agreement.
- Late final pay: Liquidated damages equal to the unpaid wages, on top of the wages themselves.
Virginia final paycheck law and deadline calculator →
Virginia overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Virginia as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does Virginia have its own overtime law?
No. Virginia has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a claim for unpaid wages with the Virginia Department of Labor and Industry's Payment of Wage Unit through the DOLI Portal. Court actions must be brought within 3 years. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Delaware, District of Columbia and Illinois.
Work across a state line? Kentucky overtime rules and Maryland overtime rules.