Virginia state law does not cover the issue of overtime pay. For that reason, only federal overtime law applies in the state.

Virginia’s minimum wage is $12.41 per hour. The minimum wage for tipped employees is 50% of the full minimum wage. employers can pay tipped employees a lower wage if the employee earns enough tips to make up the difference. This is called a “tip credit”. The minimum cash wage for tipped employees under federal law is $2.13 per hour.  See the Virginia website for more information.

Like federal law, Virginia does not require employers to provide employees with meal or rest breaks. The one exception is for employees under 16, who must be provided a 30-minute meal or rest period for every five hours worked.

If your employer owes you wages, you can file a claim with the Virginia Department of Labor and Industry. 

Do not delay in contacting the Department of Labor and Industry to file a wage claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your wage claim within three years from the date on which your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.

If your employer has failed to pay you the minimum wage, instead of going through the Department of Labor and Industry you can file a private lawsuit. The court can award you the amount of the unpaid minimum wages and interest. The court may also require your employer to pay your attorneys’ fees. The statute of limitations for such an action is two years. If your employer has failed to pay your wages (unrelated to the minimum wage), you may also be able to bring a lawsuit based on breach of contract. If you are interested in pursuing this instead of going through the Department of Labor and Industry, you should contact an attorney.