{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.12.html"}],"law_id":56539,"edition_id":1,"section_id":56539,"structure_id":12778,"section_number":"40.1-28.12","catch_line":"Employee&#8217;s remedies","history":"1975, c. 530.","full_text":"Any employer who violates the minimum wage requirements of this law shall be liable to the employee or employees affected in the amount of the unpaid minimum wages, plus interest at eight per centum per annum upon such unpaid wages as may be due the plaintiff, said interest to be awarded from the date or dates said wages were due the employee or employees. The court may, in addition to any judgment awarded to the employee or employees, require defendant to pay reasonable attorney&#8217;s fees incurred by the employee or employees.","order_by":null,"text":{"0":{"id":206939,"text":"Any employer who violates the minimum wage requirements of this law shall be liable to the employee or employees affected in the amount of the unpaid minimum wages, plus interest at eight per centum per annum upon such unpaid wages as may be due the plaintiff, said interest to be awarded from the date or dates said wages were due the employee or employees. The court may, in addition to any judgment awarded to the employee or employees, require defendant to pay reasonable attorney&#8217;s fees incurred by the employee or employees.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12778,"edition_id":1,"name":"Virginia Minimum Wage Act","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219913,"object_type":"structure","relational_id":12778,"identifier":"1.1","token":"40.1\/3\/1.1","url":"\/40.1\/3\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63013,"structure_id":12778,"section_number":"40.1-28.10","catch_line":"Minimum wages","url":"\/40.1-28.10\/","token":"40.1\/3\/1.1\/40.1-28.10","metadata":false},{"id":53960,"structure_id":12778,"section_number":"40.1-28.11","catch_line":"Penalties","url":"\/40.1-28.11\/","token":"40.1\/3\/1.1\/40.1-28.11","metadata":false},{"id":56539,"structure_id":12778,"section_number":"40.1-28.12","catch_line":"Employee's remedies","url":"\/40.1-28.12\/","token":"40.1\/3\/1.1\/40.1-28.12","metadata":false},{"id":74676,"structure_id":12778,"section_number":"40.1-28.8","catch_line":"Short title","url":"\/40.1-28.8\/","token":"40.1\/3\/1.1\/40.1-28.8","metadata":false},{"id":77484,"structure_id":12778,"section_number":"40.1-28.9","catch_line":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","url":"\/40.1-28.9\/","token":"40.1\/3\/1.1\/40.1-28.9","metadata":false}],"previous_section":{"id":53960,"structure_id":12778,"section_number":"40.1-28.11","catch_line":"Penalties","url":"\/40.1-28.11\/","token":"40.1\/3\/1.1\/40.1-28.11","metadata":false},"next_section":{"id":74676,"structure_id":12778,"section_number":"40.1-28.8","catch_line":"Short title","url":"\/40.1-28.8\/","token":"40.1\/3\/1.1\/40.1-28.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28.12\/","history_text":"<p>This law was first created in 1975. The record of its establishment is cataloged in chapter 530 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":219923,"object_type":"law","relational_id":56539,"identifier":"40.1-28.12","token":"40.1\/3\/1.1\/40.1-28.12","url":"\/40.1-28.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.12\/","token":"40.1\/3\/1.1\/40.1-28.12","dublin_core":{"Title":"Employee&#8217;s remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any <span class=\"dictionary\">employer<\/span> who violates the minimum wage requirements of this <span class=\"dictionary\">law<\/span> shall be liable to the <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">employees<\/span> affected in the amount of the unpaid minimum wages, plus interest at eight per centum per annum upon such unpaid wages as may be due the <span class=\"dictionary\">plaintiff<\/span>, said interest to be awarded from the date or dates said wages were due the <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">employees<\/span>. The <span class=\"dictionary\">court<\/span> may, in addition to any <span class=\"dictionary\">judgment<\/span> awarded to the <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">employees<\/span>, require <span class=\"dictionary\">defendant<\/span> to pay reasonable attorney&#8217;s fees incurred by the <span class=\"dictionary\">employee<\/span> or <span class=\"dictionary\">employees<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEMPLOYEE&#8217;S REMEDIES (\u00a7 40.1-28.12)\n\nAny employer who violates the minimum wage requirements of this law shall be\nliable to the employee or employees affected in the amount of the unpaid minimum\nwages, plus interest at eight per centum per annum upon such unpaid wages as may\nbe due the plaintiff, said interest to be awarded from the date or dates said\nwages were due the employee or employees. The court may, in addition to any\njudgment awarded to the employee or employees, require defendant to pay\nreasonable attorney&#8217;s fees incurred by the employee or employees.\n\nHISTORY: 1975, c. 530.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}