Virginia Overtime Violation Lawyer
The law affords Virginia employees many rights, one of which is the right to overtime compensation. Employees who put in overtime deserve to be compensated for all of their time and effort. Overtime violations are one of the most pervasive issues facing employees in the workplace.
If you are being wrongfully denied the overtime you have earned, it may be time to consult with a Virginia overtime violation lawyer. Our seasoned employment attorneys at the Spiggle Law Firm could work alongside you. We could help you stand up for your rights to collect overtime pay.
What is Considered Overtime?
Employees who work over 40 hours within one work week are generally entitled to receive overtime compensation equal to 1.5 times their regular hourly pay rate. This is the absolute minimum an employer can pay an employee for the overtime hours they have worked.
Overtime hours may include time spent working before or after a scheduled shift, through lunch breaks, or off the clock. It is important to note that time spent working during night shifts, on a holiday, or on the weekends does not automatically qualify as overtime. Some employers may have a policy that pays overtime on Sundays or holidays, but this is not legally required. Legally mandated overtime is always calculated based on a workweek basis.
Virginia Compensation Laws
Virginia overtime laws are the same as the federal overtime laws. The Fair Labor Standards Act (FLSA) is the federal law that establishes universal guidelines for overtime compensation. Employers in violation of the FLSA may face liability for unpaid wages as well as other damages.
Since the current minimum wage in Virginia is $7.25 per hour, employees are entitled to receive an overtime pay rate of at least $10.86 per hour. If you are paid more than minimum wage, your overtime rate should be calculated based on that wage. The FLSA generally does not impose a limitation on the number of overtime hours an employee can work. Also, it is not required that you receive permission from your employer to be entitled to overtime compensation. For more information about overtime laws, consult with a knowledgeable Virginia overtime violation lawyer.
Only employees who are covered by overtime compensation laws are generally entitled to receive overtime. Employees who are covered by the FLSA are categorized as “non-exempt” while employees who are not covered are classified as “exempt.”
Employees who are victims of overtime violations are those who are non-exempt or who are misclassified as exempt. When employees are classified as exempt, it is beneficial to the employer because they are not legally obligated to pay those employees overtime.
Exempt employees are generally employees who perform certain administrative, professional, or executive functions and are paid a salary greater than $455 per week. Just because an employee is paid on a salary basis alone does not make them exempt from overtime.
Independent contractors are also exempt from FLSA protections but are one of the most commonly misclassified groups of workers. Therefore, it is important that any employee classified as an independent contractor makes sure that label is correct.
A Virginia Overtime Violations Attorney Could Be an Ally
A Virginia overtime violation lawyer is passionate about standing up for the rights of employees. If you believe you are entitled to receive overtime compensation, our lawyers at the Spiggle Law Firm may be able to assist you with collecting the wages you are owed.