Virginia Overtime Report

State:
Multi-State
Control #:
US-439EM
Format:
Word; 
Rich Text
Instant download

Description

This form is used to record the overtime of an employee.

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FAQ

An employer doesn't violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law. Most workers in Virginia are entitled to overtime pay when they work more than 40 hours per week.

Your employer needs to have a clear policy in place about how overtime is requested, authorised and recorded, and about how overtime pay is calculated. If you are an hourly-paid worker, you must be paid for all overtime worked at the request of the employer.

If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.

Work is only permitted between the hours of 7 a.m. and 7 p.m. When school is in session, they may work a maximum of 3 hours a day, and 18 hours a week. Work is only permitted between the hours of 7 a.m. and 9 p.m.

This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek. Violations of this Act will be enforced by the Virginia Department of Labor and Industry.

On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Like the FLSA, the new Virginia law obligates employers to pay 1.5 times a non-exempt employee's regular rate of pay for all hours worked in excess of 40 hours in each workweek.

July 1, 2021, the Virginia Overtime Wage Act, Va. Code § 40.1-29.2, goes into effect. This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek.

This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek. Violations of this Act will be enforced by the Virginia Department of Labor and Industry.

Salaried nonexempt employee The salaried employee's regular rate of pay is $25 per hour. Say the same employee worked 45 hours during the workweek. To calculate the salaried worker's overtime rate, multiply their regular rate of pay by 1.5. The employee's overtime rate is $37.50 per overtime hour.

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Virginia Overtime Report