Prince William County Wage and Hour Lawyer
Your right to receive full and fair payment for your work is potentially the most critical aspect of your employment—it is the primary reason that you go to work each day. Standing up for your right to receive the compensation to which you are entitled can be intimidating, notably considering the often-unequal power structure that exists between employees and employers.
A Prince William County wage and hour lawyer could help you determine whether you are being paid fairly. By evaluating your unique employment situation, one of our dedicated employment attorneys here at the Spiggle Law Firm could work to ensure that you are receiving the compensation you deserve for your hard work.
Virginia Wage Law
The minimum hourly wage in Virginia is currently set at $7.25 per hour, equal to the required federal rate. Under Virginia Code §40.1-29, employers are required to establish regular pay periods and must pay salaried workers at least once a month and hourly workers at least once every two weeks. There are exceptions to this statute for certain students and high-earning employees.
Certain employees are exempt from Virginia’s minimum wage requirement. This could include “tipped” employees who work in the service industry. Additional rules apply to protect the wage rights of these groups. Tipped employees must make the state minimum wage. If an employee’s hourly wage plus tips does not equal the state minimum, the employer must make up the difference.
Managers are not entitled to participate in employee “tip pools”. A Prince William County wage and hour lawyer could become valuable in these situations, as they may be able to help ensure that you are receiving the hourly wage to which you are entitled by law.
Overtime Payment Rights
As dictated by guidance from the Department of Labor (DOL), the Fair Labor Standards Act (FSLA) requires that all non-exempt employees be paid time and a half overtime for any hours worked over 40 hours per week. Despite this, there are many exemptions to the rule that can complicate matters in Prince William County. A wage and hour attorney could help you determine whether you are properly—or improperly—categorized as one of the following types of “exempt” Prince William County employees:
- Salaried executive, administrative or professional employees
- Outside salespeople
- Certain computer systems analysts and software engineers who earn at least $27.63 per hour
- Independent contractors
- Certain newspaper workers
- Workers on fishing operations or seamen
- Certain small farm workers
It may often be difficult to determine independent contractor status, and many employers attempt to incorrectly classify workers as such for a variety of reasons. Our dedicated attorneys could help to evaluate whether the classification you have been assigned is accurate in the interest of protecting your potential right to overtime pay.
Speak with a Prince William County Wage and Hour Attorney
While penalties for employers who willfully violate Virginia wage and hour laws may be steep, we understand that it could be difficult for you as an employee to challenge the practices of your own employer. A Prince William County wage and hour lawyer could help level the playing field to ensure that you are receiving full and fair pay and are not being taken advantage of by your employer. To get started on your case, get in touch with the Spiggle Law Firm today by utilizing our free online case review tool.