Who Gets Overtime Pay in Virginia?

 Posted on November 30, 2025 in Wage & Hour Violations

You worked 50 hours a week but your paycheck only shows 40 hours of regular pay. Your boss says you are salary, so you do not get overtime – or maybe they claim your job title makes you exempt. If this sounds like you, you are probably wondering if this is legal or if your employer is cheating you out of money you earned.

Overtime rules confuse many workers and employers sometimes get it wrong too, whether by mistake or on purpose. But there is no excuse for violating your workers’ rights in 2025. If your employer is violating wage laws, you have the right to fight back and recover what you are owed. Call our Fairfax, VA employment law attorneys who represent employees at 301-587-6364. 

Does Virginia Have Its Own Overtime Law?

Virginia has the Virginia Overtime Wage Act under Virginia Code Section 40.1-29.3. This state law works alongside the federal Fair Labor Standards Act, or FLSA. Virginia employers must follow both state and federal overtime requirements. The Virginia Overtime Wage Act generally mirrors the federal FLSA in terms of who qualifies for overtime and what exemptions apply. 

Both laws require employers to pay overtime at one and a half times your regular rate of pay for any hours worked over 40 in a workweek. A workweek is seven consecutive days. It does not have to match the calendar week; your employer can set the workweek to start on any day.

What Is the Basic Overtime Rule in Virginia?

The basic rule is simple: If you work more than 40 hours in a workweek, your employer must pay you overtime for those extra hours. Overtime pay is 1.5 times your regular hourly rate.

If you earn 15 dollars per hour, your overtime rate is 22.50 dollars per hour. If you work 45 hours in a week, you get regular pay for 40 hours and overtime pay for 5 hours.

This rule applies to most employees, but there are important exceptions for some workers. 

Who Is Exempt From Overtime Pay in Virginia?

The FLSA creates several exemptions from overtime requirements, but just because your employer calls you exempt does not make it true. The exemptions have specific legal requirements.

The most common exemptions are the white collar exemptions. These include executive, administrative, and professional employees. Executive employees manage the business or a department. They must regularly supervise at least two full-time employees and their primary duty must be management. 

Administrative employees perform office or non-manual work directly related to management or business operations. Their primary duty must include exercising discretion and independent judgment on significant matters. A secretary or clerk who follows set procedures usually does not qualify as administratively exempt.

Professional employees have jobs requiring advanced knowledge in a field of science or learning. Doctors, lawyers, teachers, and engineers often fall into this category. 

Does Your Job Title Determine If You Get Overtime?

Your job title means nothing for overtime purposes. Employers cannot avoid paying overtime just by calling someone a manager or giving them an important-sounding title. The law looks at what you actually do, not what your business card might say.

Many employers make the mistakes of promoting someone to assistant manager and then stop paying that person overtime. But if that assistant manager spends most of their time stocking shelves or running the register instead of actually managing, they likely still qualify for overtime.

Does Being Paid Salary Mean You Do Not Get Overtime?

Being paid a salary instead of hourly does not automatically make you exempt from overtime. You must meet both the salary requirement and the duties test for one of the exemptions. Some employers wrongly believe that paying someone a salary means they can work them unlimited hours without overtime. This is not true. If your job duties do not meet an exemption, you are entitled to overtime even if you receive a salary.

Call an Arlington, VA Employment Lawyer Today 

Contact Melehy & Associates LLC at 301-587-6364 for a free case evaluation about your overtime pay situation. Our experienced Fairfax, VA employment attorneys represent employees in wage disputes and get great results.