Starting July 1, 2022, revised overtime standards will become effective in Virginia, which align more closely with the overtime standards and requirements of the FLSA. Virginia enacted the Virginia Overtime Wage Act (VOWA) in March 2021 which created new state overtime pay requirements including a different calculation of the regular rate of pay for non-exempt salaried workers, heightened damage awards and penalties for employers who violate the Act, and expansion of the statute of limitations on claims from two years to three years. On April 11, 2022, Governor Youngkin signed into law a bill which substantially revises and repeals the amendments created by VOWA in 2021.These changes become effective on July 1, 2022. However, employers should be mindful that enhanced liquidated damages and prejudgment interest for overtime violations remain available to plaintiffs as does the expanded statute of limitations period of three years under legislation which pre-dates VOWA.
Disclaimer: The information contained herein is not intended to be construed as legal advice, nor should it be relied on as such. Employers should closely monitor the rules and regulations specific to their jurisdiction(s) and should seek advice from counsel relative to their rights and responsibilities.