Overtime laws Virginia

Everhour tracks work hours for payroll review, while Virginia overtime calculations use a weekly 40-hour threshold.

What will your overtime pay be?

Calculate regular and overtime earnings based on your hours and rate. Supports standard time-and-a-half and double-time multipliers.

Total hours including overtime

$

Typically 40h/week

Total pay this period
Regular pay$1,000.00
Overtime pay$300.00
OT hours8h

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How Virginia overtime pay is calculated

What this calculation answers

A Virginia overtime calculation answers one practical question: how much extra pay is due when a covered nonexempt employee works more than 40 hours in a fixed workweek. Virginia overtime applies at not less than one and one-half times the employee's regular rate for hours worked over 40 in a workweek.

The Virginia Department of Labor and Industry enforces the Virginia Overtime Wage Act and accepts labor-law questions through its Division of Labor and Employment Law. Virginia has no separate daily or double-time threshold, so a 10-hour day does not create Virginia overtime by itself unless weekly hours exceed 40.

Apply the weekly formula

Start with total hours actually worked in one fixed 168-hour workweek. Pay the first 40 hours at the regular rate, then pay every hour over 40 at 1.5 times the regular rate. Each FLSA workweek stands alone, so hours may not be averaged over two or more workweeks to avoid overtime.

Example: a covered nonexempt Virginia employee works 46 hours in one fixed workweek at a $31.20 regular hourly rate. Regular pay is 40 hours × $31.20 = $1,248.00. The overtime rate is $31.20 × 1.5 = $46.80. Overtime pay is 6 hours × $46.80 = $280.80. Total gross pay is $1,528.80.

Check Virginia-specific inputs

Virginia's adjusted state hourly minimum wage is $12.77 per hour effective January 1, 2026. For a nonexempt employee earning that minimum wage, the minimum overtime rate is $19.16 per overtime hour when rounded to the nearest cent. A lower overtime rate fails because the regular rate floor is too low.

Do not treat weekend, holiday, or rest-day work as automatic overtime under the federal baseline or Virginia's weekly rule. The trigger is hours worked over 40 in the workweek unless a policy, contract, union agreement, or more protective law gives the employee a separate premium.

Classify the worker before calculating

Overtime math only works after classification is settled. Virginia applies FLSA exemptions, so the standard executive, administrative, and professional exemptions generally require the applicable duties test plus salary or fee compensation of at least $684 per week. Job titles alone do not determine exempt status.

For computer employees, the federal exemption can use salary or fee pay of at least $684 per week or hourly pay of at least $27.63, along with the required computer duties. Outside-sales exemption analysis turns on duties and location, with no salary-level requirement. If the worker is covered and nonexempt, calculate overtime.

Move from checks to records

A one-off calculator is enough when you are checking one hourly employee, one workweek, one regular rate, and no dispute about classification or includable pay. It is also enough for a quick estimate before payroll closes, provided the actual timesheet and rate data are already correct.

A managed workflow is better when overtime repeats, managers approve time, employees work across projects, or payroll needs an audit trail. Everhour Time Tracking captures task and project hours through timers or manual entries, supports approvals and locked periods, and feeds timesheets, reporting, budgeting, invoicing, and payroll review.

This content is for general information only, may not be fully up to date, and is provided without any warranty or liability.

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Frequently Asked Questions

Does Virginia calculate overtime by day or by week?

Virginia overtime is keyed to hours worked over 40 in a workweek, not to hours worked in a day. There is no separate Virginia daily overtime or double-time threshold. A covered nonexempt employee who works 12 hours on Monday and stays at 40 or fewer total hours for the workweek does not get Virginia overtime from that long day alone.

What is the Virginia minimum overtime rate in 2026?

The 2026 Virginia minimum wage is $12.77 per hour. For a nonexempt employee paid at that minimum wage, the minimum overtime rate is $19.16 per overtime hour when rounded to the nearest cent. Employees with a higher regular rate must receive at least 1.5 times that higher regular rate for overtime hours.

Can two Virginia workweeks be combined for overtime?

No. Under the FLSA method Virginia uses, each fixed 168-hour workweek stands alone for overtime calculations. An employer cannot average a 46-hour week with a 34-hour week to erase the 6 overtime hours. The overtime is due for the workweek in which the covered nonexempt employee worked more than 40 hours.

Which pay rate should be used when an employee has multiple rates?

Use the regular rate, not just the lowest hourly rate or the employee's main job rate. Virginia applies FLSA overtime calculation methods, where the regular rate generally comes from total includable weekly pay divided by hours actually worked, with weighted-average treatment for multiple rates. Statutory exclusions are left out.

Are paid holidays counted as hours worked for Virginia overtime?

Paid holiday time not worked is not treated as hours worked under the federal baseline. The FLSA does not require payment for time not worked, including holidays or vacations. A policy, contract, union agreement, or state-law benefit can provide paid time, but the overtime calculation still turns on actual hours worked unless that rule says otherwise.

How does Everhour Time Tracking support Virginia overtime review?

Everhour Time Tracking lets employees log task and project hours with timers or manual entries, then routes that time into timesheets for review. Admins can approve submitted time, lock completed periods, send reminders, and use the approved record before payroll review.

Can Everhour show overtime hours in reports?

Everhour Reporting can surface overtime and double-overtime data in Team Hours and configurable reports when overtime tracking is enabled. Reports can be filtered, grouped, exported as CSV, Excel/XLSX, or PDF, and scheduled for email delivery.

Keep overtime records payroll-ready

Track approved hours before payroll closes. Everhour turns daily work entries into reviewed timesheets, locked records, and payroll-ready overtime context.

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