In Virginia, overtime is owed for hours worked over 40 in a single workweek, paid at 1.5 times your regular rate of pay — and there is no daily overtime rule. It does not matter whether you work 10, 12, or 16 hours in one day: Virginia counts overtime by the week, not by the day. The Virginia Overtime Wage Act (Va. Code § 40.1-29.2), as amended effective July 1, 2022, expressly ties Virginia's overtime obligations to the federal Fair Labor Standards Act (FLSA), adopting the FLSA's overtime threshold, exemptions, and calculation methods. So unlike states such as California, Virginia does not require extra pay simply for a long shift; the question is always how many hours you logged across the 7-day workweek.
How Virginia's 40-hour rule works
A workweek is a fixed, recurring period of 168 hours — seven consecutive 24-hour days. Your employer can choose when it starts, but it must be consistent. Once your total compensable hours in that week pass 40, every additional hour must be paid at one and one-half times your regular rate.
Your "regular rate" is not always your base hourly wage. It generally includes most forms of compensation for the workweek — nondiscretionary bonuses, shift differentials, and commissions — divided by total hours worked. That blended figure is what gets multiplied by 1.5. Employers sometimes underpay overtime by basing it only on the base hourly rate and leaving bonuses out of the calculation, which is a common and recoverable error.
Virginia does not require "double time" under any circumstance, and it does not require overtime for working weekends, holidays, or a seventh consecutive day, unless those hours push the weekly total past 40. Paid time that you did not actually work — such as vacation, holidays, or sick leave — typically does not count toward the 40-hour threshold.
The federal baseline and how Virginia compares
The FLSA sets the national floor: a $7.25 federal minimum wage and overtime at 1.5x for hours over 40 per week. Virginia's overtime standard mirrors the FLSA's weekly-40 rule rather than adding a daily trigger. Where Virginia is more generous is the minimum wage that feeds the overtime calculation: as of 2026, Virginia's minimum wage is $12.77 per hour effective January 1, 2026, well above the $7.25 federal floor. Because the minimum wage is adjusted annually, confirm the current figure with the Virginia Department of Labor and Industry before relying on it.
A short-lived 2021 version of the Virginia Overtime Wage Act briefly created its own calculation rules that diverged from the FLSA, which caused significant confusion. The 2022 amendment realigned Virginia overtime with federal standards, so for most workers the practical overtime rules in Virginia and the FLSA are now the same.
Who is exempt from overtime in Virginia
Because Virginia incorporates the FLSA's exemptions, the same categories of workers who are exempt federally are generally exempt in Virginia. The most common are the "white-collar" exemptions:
Executive — employees whose primary duty is managing the business or a department and who direct the work of at least two full-time employees.
Administrative — employees whose primary duty is office or non-manual work directly related to management or general business operations and who exercise discretion and independent judgment on significant matters.
Professional — employees in fields requiring advanced knowledge (such as law, medicine, accounting, or engineering) or recognized creative work.
Computer employees — certain systems analysts, programmers, and software engineers.
Outside sales — employees who customarily work away from the employer's place of business making sales.
To qualify for most of these exemptions, an employee must both meet a duties test and be paid a guaranteed salary that meets the FLSA's salary threshold. Virginia does not set its own higher salary threshold, so the applicable federal salary level controls. Other FLSA exemptions — for certain transportation workers, agricultural workers, and specific industries — also carry over.
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Two cautions matter here. First, a job title alone never makes someone exempt; the actual duties and pay structure decide it. Calling a worker a "manager" or paying a salary does not, by itself, defeat an overtime claim. Second, misclassifying employees as exempt — or as "independent contractors" — is one of the most frequent ways overtime is wrongly denied. Virginia has separately strengthened its rules against employee misclassification.
How to recover unpaid overtime in Virginia
If you believe you are owed overtime, start by gathering evidence: your own record of hours worked, pay stubs, timekeeping records, schedules, and any communications about your hours or pay. The more precisely you can reconstruct your weekly hours, the stronger your claim.
You generally have two paths. You can file a wage complaint with the Virginia Department of Labor and Industry (DOLI), which administers the state's wage and overtime laws, or you can bring a private lawsuit under the Virginia Overtime Wage Act and/or the FLSA. Virginia law allows recovery of unpaid overtime and, depending on the circumstances, additional damages — including the possibility of liquidated (double) damages and attorney's fees for willful violations. Because Virginia ties its overtime claims to the FLSA's limitations period, the deadline to sue is generally two years from the violation, extended to three years for willful violations. Each underpaid paycheck can represent a separate violation, so do not wait — older weeks fall outside the window as time passes.
Retaliation for asserting your right to overtime — being fired, demoted, or disciplined for complaining or filing — is prohibited under both federal and Virginia law. If that happens, document it, because it can create an additional claim.
Where to verify
For authoritative, current information, consult the Virginia Department of Labor and Industry, which handles wage and hour enforcement in the Commonwealth, and the U.S. Department of Labor's Wage and Hour Division for the FLSA. The statute itself, Va. Code § 40.1-29.2 (and the related minimum wage provisions in Title 40.1, Chapter 3), is publicly available through Virginia's official law database. Because thresholds and the minimum wage change over time, verify any specific dollar figure or deadline against these official sources, and consider speaking with an employment attorney about your particular situation before acting.
Official Virginia Sources
This page is based on Virginia employment law. Rules and figures change — verify the current details directly with the official Virginia sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Virginia state law.
Frequently asked questions
Does Virginia require daily overtime after 8 hours?
No. Virginia has no daily overtime rule. Overtime is calculated weekly, so you earn time-and-a-half only for hours worked beyond 40 in a single workweek, regardless of how long any individual shift runs.
What is the overtime rate in Virginia?
One and one-half times your regular rate of pay for hours over 40 in a workweek. Virginia does not require double time. The regular rate generally includes nondiscretionary bonuses and commissions, not just your base hourly wage.
Who is exempt from overtime under Virginia law?
Virginia follows the FLSA's exemptions — executive, administrative, professional, computer, and outside sales employees, among others. Most require both a duties test and a qualifying salary. A job title or salary alone does not make a worker exempt.
How long do I have to file an unpaid overtime claim in Virginia?
Because Virginia ties overtime claims to the FLSA, the limitations period is generally two years from the violation, or three years for willful violations. Each underpaid paycheck can count as a separate violation, so act promptly.
Where do I report an overtime violation in Virginia?
You can file a wage complaint with the Virginia Department of Labor and Industry (DOLI), or bring a private lawsuit under the Virginia Overtime Wage Act and/or the FLSA. You may recover back wages plus, in some cases, liquidated damages and attorney's fees.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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