Overtime standards in Virginia will return to federal standards beginning July 1, 2022.
On July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, significantly deviating the state’s overtime pay laws from its long-standing reliance on the standards set forth in the federal Fair Labor Standards Act (FLSA). As a result of House Bill (HB) 1173, signed by Governor Glenn Youngkin on April 11, 2022, exactly one year later, in almost all respects, Virginia will return to the overtime standards that applied prior to VOWA. HB 1173 provides that any employer who violates the state’s overtime pay requirements “shall be liable to the employee for the applicable remedies, damages, or other relief available under the [FLSA].” HB 1173 goes into effect on July 1, 2022.
Generally, the FLSA requires that non-exempt employees be paid overtime at a rate of one and one-half times their “regular rate of pay” for all hours worked in excess of 40 hours in a workweek. Under the FLSA, the regular rate of pay is the sum of an employee’s compensation for a given workweek (barring certain statutory exclusions) divided by the total hours worked by the employee during that workweek. Under the original VOWA, if a non-exempt employee was paid on a salary basis, their regular rate of pay was calculated by dividing that same compensation by 40 hours rather than actual hours worked, resulting in a higher regular rate.
HB 1173 eliminated this difference and returns to...
The HYDRA Commissioner has clarified that HYDRA will not interfere with houses built in old layouts on ULC (Urban Land Ceiling) lands , nor with unregularised vacant plots in such layouts. He urge...