Virginia Enacts Overtime Wage Law shrm.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from shrm.org Daily Mail and Mail on Sunday newspapers.
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Virginia employers are at increased risk of class action wage litigation following passage of the Virginia Overtime Wage Act.
“Previously, Virginia had been content to rely on the overtime pay requirements of the federal Fair Labor Standards Act (FLSA),” note Kristina H. Vaquera and Shaun M. Bennett in a recent Jackson Lewis legal alert discussing the new statute, which Governor Ralph Northam signed into law on March 31, 2021. Like the FLSA, the Virginia Overtime Wage Act obligates employers to pay one and one-half times an employee’s regular rate of pay for hours worked in excess of 40 in a workweek. Also like the FLSA: Beginning July 1, 2021, employees will be entitled to pursue state-law overtime claims as collective actions.
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Many states across the country have enacted laws that provide
greater wage-and-hour protections to employees than those offered
by the Fair Labor Standards Act (FLSA), the federal law governing
the payment of overtime wages. Up until recently, Virginia was
not one of them, and Virginia employees only recourse
for unpaid overtime or minimum wage was under the FLSA.
That changed on March 30, 2021, when Virginia Governor Ralph
Northam signed into law the Virginia Overtime Wage Act (VOWA),
which goes into effect on July 1, 2021.
Like the FLSA, VOWA requires employers to pay their employees
Virginia Enacts Sweeping Changes to Overtime Laws, Increasing Compliance Challenges and Employer Penalties | Troutman Pepper jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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Beginning on July 1, 2021, Virginia employers will be subject to a new state overtime law that provides more stringent overtime requirements than those contained in the federal Fair Labor Standards Act (FLSA). On March 31, 2021, Governor Ralph Northam signed the
Virginia Overtime Wage Act into law. Like the FLSA, the new Virginia law obligates employers to pay 1.5 times a non-exempt employee’s regular rate of pay for all hours worked in excess of 40 hours in each workweek. Unlike the FLSA, the Virginia law now specifies exactly how that regular rate and overtime rate are to be calculated for hourly and salaried non-exempt workers, effectively eliminating certain payment arrangements available under the FLSA. The new law also provides a three-year statute of limitations for aggrieved employees to bring claims under the Virginia Wage Payment Act, unlike the FLSA which applies a three-year limitations period only if the e