Virginia overtime laws, explained for people who run payroll.
When overtime starts in Virginia, what rate applies, what the state requires for meal and rest breaks, how often you have to pay, and what paid leave is mandated — in plain English, with a worked example. Rules change and exemptions apply, so confirm with the Virginia Department of Labor and Industry before relying on any of it.
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The Virginia rules in one place.
Overtime
- Weekly: Over 40 hours in a workweek (Virginia's overtime law aligns with the federal FLSA)
- Daily: None — Virginia follows the weekly rule
- Seventh day: No
- Rate: 1.5× the regular rate of pay, which includes non-discretionary bonuses and shift differentials
Breaks and rest
- Meal: Not required for adults by state law; employees under 16 get a 30-minute break after 5 hours
- Rest: Not required for adults by state law
- Short breaks (under 20 minutes), when offered, are paid time under federal rules
Pay and leave
- Pay frequency: Hourly employees at least every two weeks or twice a month; salaried at least monthly
- Paid leave: No state paid sick leave mandate for most employers (a requirement applies to certain home health workers)
- Recordkeeping: hours worked each day and week must be recorded and kept (federal rule: 3 years for payroll records)
Virginia vs. federal law.
Federal law sets the floor. States can add to it, and several do.
| Rule | Virginia | Federal FLSA |
|---|---|---|
| Overtime after 40 hours in a workweek | Yes | Yes |
| Daily overtime | No | No |
| Seventh-day or rest-day rule | No | No |
| Meal break required for adults | No | No |
| Rest breaks required for adults | No | No |
| Paid sick leave or paid leave mandated | No | No |
| Pay-frequency rule | Yes | No |
| Overtime rate | 1.5× regular rate | 1.5× regular rate |
| Records of hours worked required | Yes | Yes |
Where Virginia and federal law differ, the rule more favorable to the employee applies. Exemptions (executive, administrative, professional, outside sales and others) are not covered here.
How the Virginia rules work in practice.
What a real week looks like.
An HVAC tech works 38 hours Monday through Thursday, then a 10-hour Friday — 48 hours. Eight hours of overtime at 1.5×, even though no single day was unusual; Virginia counts the week, not the day.
- Virginia's overtime statute was amended in 2022 to mirror federal rules
- Pay stubs must itemize hours worked for hourly employees
- No state meal or rest break rules for adults — policy governs
Overtime is 1.5× the regular rate, not 1.5× the hourly wage.
If an employee earns a non-discretionary bonus, a shift differential or multiple hourly rates in the same week, those are folded into the regular rate before the 1.5× multiplier. Getting this wrong is the most common overtime error in wage claims.
- Non-discretionary bonuses count
- Shift differentials count
- Discretionary bonuses, expense reimbursements and PTO payouts don't
Hours-to-date against the threshold, before payday.
PunchPro records clock-ins with location at the punch, calculates regular and overtime hours by the thresholds you set for Virginia, flags anyone on overtime pace mid-week, records breaks, and exports approved hours to QuickBooks, ADP, Paychex, Paycom. Pay is calculated in your payroll process.
- Weekly and daily thresholds by location
- Break tracking with long/short break flags
- Audit trail on every edit
Set Virginia rules once. Track them automatically.
No implementation project. Most teams are set up in an afternoon.
Set your thresholds
Weekly overtime, break rules and pay period for your Virginia locations.
Add your people
Import a CSV; each employee gets a text with the app link.
See overtime on Wednesday
Hours-to-date against the threshold for everyone, flagged before the period closes.
Virginia overtime questions, answered plainly.
When does overtime start in Virginia?
Over 40 hours in a workweek (Virginia's overtime law aligns with the federal FLSA), at 1.5× the regular rate. There is no daily overtime; only hours over 40 in the workweek count.
Does Virginia require meal or rest breaks?
Meal: Not required for adults by state law; employees under 16 get a 30-minute break after 5 hours. Rest: Not required for adults by state law.
Can I average two weeks to avoid overtime in Virginia?
No. Overtime is calculated on each fixed, recurring 7-day workweek on its own, under both federal and state law.
Is comp time instead of overtime pay allowed in Virginia?
For private employers, no. Hours over the threshold must be paid as overtime wages; comp time in lieu of pay is generally only available to public-sector employers.
How often do I have to pay employees in Virginia?
Hourly employees at least every two weeks or twice a month; salaried at least monthly.
Does PunchPro calculate overtime pay?
PunchPro calculates regular and overtime hours by your thresholds and exports them to QuickBooks, ADP, Paychex, Paycom. The pay itself is calculated in your payroll process. This page is general information, not legal advice; confirm current rules with the Virginia Department of Labor and Industry.
Related: Overtime tracking software · Time tracking · Time off · Virginia Department of Labor and Industry
See Virginia overtime on Wednesday, not payday.
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