![]() ![]() 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 employee proves the alleged wage violation was willful, and, otherwise, the limitations period is two years. 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. 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. On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. 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). ![]()
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