In Virginia, all nonexempt employees are owed time-and-a-half (overtime pay) for all hours worked over 40 within a single workweek. Virginia does not require overtime pay if an employee works more than 8 hours a day. Virginia follows the federal Fair Labor Standards Act (FLSA) which established this standard. “Workweek” is defined as a consistent timeframe chosen by the employer. So, overtime applies on a weekly basis, not a daily nor per shift.
However, specific employer policies, contracts, or union contracts may differ.
An employer may voluntarily pay daily overtime if they agree to it in a contract.
Are there any employees who are exempted from overtime in Virginia?
The FLSA does lay out exemptions for white-collar employees if they meet a certain salary threshold and perform specific primary duties.
- The salary threshold is (at time of writing) $844 per week ($43,888 annually).
- Primary duties are often non-manual office work related to general business operations: finance, HR, quality control, marketing, etc. These are often employees who run a department and direct two or more full-time employees.
- Generally speaking, these are white-collar employees who exercise discretion, independent judgment, and significant influence over business decisions. For example, they probably have the authority to hire or fire an employee.
Outside Sales Exemption
If an employee makes sales away from the employer’s place of business and commonly works unsupervised, then they are exempt from FLSA’s overtime standard. (No salary threshold required.)
Computer Professional Exemption
Roles with advanced skills in software or hardware development are exempt if:
- They are paid at least $27.63 per hour
- Their duties involve system analysis, design, or testing.
Highly Compensated Exemption
Employees earning at least $132,964 annually (2025 threshold) with at least one white-collar duty are also exempted.
Time is money. Manage it better with Capital Payroll Partners.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult the official resources and seek legal counsel if necessary for complete and accurate information regarding specific regulations and practices.
