The Virginia overtime rule this calculator models
Virginia overtime is time-and-a-half after 40 hours in a workweek under Va. Code §40.1-29.2, as recorded in the verified state registry. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.
Basic formula
Worked example
One weekly-overtime week
What this does not determine
- Whether the worker is exempt from state or federal overtime.
- Whether the employer is covered by the state rule, the federal FLSA, or both.
- Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
- Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
- Whether a wage claim is timely or which agency process a worker should choose.
State-specific source notes
- Statute/source anchor: Va. Code § 40.1-29.2.
- Agency and wage-claim process: Virginia Department of Labor and Industry. GAP — the assignment flags Virginia Overtime Wages Act detail and final-pay timing as not fully fetched, so this page avoids filing-deadline claims.
- Neighbor contrast: North Carolina mirrors FLSA for many employers; Virginia’s Overtime Wages Act creates a state-law route for FLSA overtime violations.
Sources and verification
The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for Virginia covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: Virginia overtime source.
Virginia overtime law: the Virginia Overtime Wages Act and a rising minimum wage schedule
Virginia enacted the Virginia Overtime Wages Act (VOWA, VA Code § 40.1-29.2 et seq.) — a state overtime statute that may create claims separate from the federal FLSA. The VOWA applies the same 40-hour weekly threshold but may differ from the FLSA in some procedural and remedial respects. Employers covered by the VOWA must pay overtime at 1.5× the regular rate for hours over 40 in a workweek.
Virginia also has a legislated minimum wage schedule under Virginia Code § 40.1-28.10: $12.77/hr effective January 1, 2026; $13.75 on January 1, 2027; $15.00 on January 1, 2028; with CPI indexing (CPI-U, U.S. city average) from 2029. This is one of the most detailed legislative wage schedules in the Mid-Atlantic region.
The Virginia Department of Labor and Industry (DOLI) enforces both the VOWA and the minimum wage law. Workers can file complaints with DOLI or pursue private lawsuits under the VOWA, which may permit different damages or statute-of-limitations periods than the FLSA.
How does Virginia compare to its neighbors? North Carolina's NCGS Chapter 95, Article 2A mirrors the FLSA 40-hour threshold and gives NC DOL enforcement authority, but NC lacks the detailed multi-year legislative wage schedule that Virginia has enacted. West Virginia's W. Va. Code § 21-5C applies a 40-hour threshold with a six-employee per-location coverage test — a narrower test than Virginia. Maryland's Labor and Employment Article, Title 3, Subtitle 4 uses the same 40-hour threshold with an agricultural carve-out at 60 hours. Virginia's VOWA is the most recently enacted state overtime statute in its region and may offer the broadest state-law protections among its neighbors.