{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-29.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-29.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-29.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-29.2.html"}],"law_id":68305,"edition_id":1,"section_id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","history":"2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.","full_text":"Any employer that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. \u00a7 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law shall be liable to the employee for the applicable remedies, damages, or other relief available under the federal Fair Labor Standards Act in an action brought pursuant to the process in subsection J of \u00a7 40.1-29. For the purposes of this section, “employer” and “employee” shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act.","order_by":null,"text":{"0":{"id":247108,"text":"Any employer that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. \u00a7 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law shall be liable to the employee for the applicable remedies, damages, or other relief available under the federal Fair Labor Standards Act in an action brought pursuant to the process in subsection J of \u00a7 40.1-29. For the purposes of this section, “employer” and “employee” shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15932,"edition_id":1,"name":"Pay; Assignment of Wages; Sale of Merchandise to Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 04:02:15","date_modified":"2026-06-26 04:02:15","permalink":{"id":219935,"object_type":"structure","relational_id":15932,"identifier":"2","token":"40.1\/3\/2","url":"\/40.1\/3\/2\/","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":79349,"structure_id":15932,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","url":"\/40.1-29\/","token":"40.1\/3\/2\/40.1-29","metadata":false},{"id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","metadata":false},{"id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","metadata":false},{"id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","metadata":false},{"id":63574,"structure_id":15932,"section_number":"40.1-30","catch_line":"Registration of certain nonresident employers with Department","url":"\/40.1-30\/","token":"40.1\/3\/2\/40.1-30","metadata":false},{"id":73386,"structure_id":15932,"section_number":"40.1-31","catch_line":"Assignment of wages and salaries; requirements","url":"\/40.1-31\/","token":"40.1\/3\/2\/40.1-31","metadata":false},{"id":67989,"structure_id":15932,"section_number":"40.1-32","catch_line":"Partial assignments invalid","url":"\/40.1-32\/","token":"40.1\/3\/2\/40.1-32","metadata":false},{"id":61940,"structure_id":15932,"section_number":"40.1-33","catch_line":"Certain assignments not affected","url":"\/40.1-33\/","token":"40.1\/3\/2\/40.1-33","metadata":false},{"id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","metadata":false},{"id":80654,"structure_id":15932,"section_number":"40.1-33.2","catch_line":"Discriminatory actions prohibited","url":"\/40.1-33.2\/","token":"40.1\/3\/2\/40.1-33.2","metadata":false}],"previous_section":{"id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","metadata":false},"next_section":{"id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-29.2\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapters 461<\/a> and 462<\/a>.<\/p>","references":false,"refers_to":[{"id":79349,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","order_by":null,"url":"\/40.1-29\/"}],"permalink":{"id":219945,"object_type":"law","relational_id":68305,"identifier":"40.1-29.2","token":"40.1\/3\/2\/40.1-29.2","url":"\/40.1-29.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","dublin_core":{"Title":"Employer liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-29.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any employer<\/span> that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. \u00a7 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law<\/span> shall be liable to the employee<\/span> for the applicable remedies, damages<\/span>, or other relief available under the federal Fair Labor Standards Act in an action brought pursuant to the process in subsection J of \u00a7 40.1-29<\/a>. For the purposes of this section, “employer<\/span>” and “employee<\/span>” shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYER LIABILITY (\u00a7 40.1-29.2)\n\nAny employer that violates the overtime pay requirements of the federal Fair\nLabor Standards Act of 1938, 29 U.S.C. \u00a7 201 et seq., as amended, and any\nregulations, guidance, or rules adopted pursuant to the overtime pay provisions\nof such federal act or any related governing case law shall be liable to the\nemployee for the applicable remedies, damages, or other relief available under\nthe federal Fair Labor Standards Act in an action brought pursuant to the\nprocess in subsection J of \u00a7 40.1-29. For the purposes of this section,\n“employer” and “employee” shall have the meanings\nascribed to them under the federal Fair Labor Standards Act and all applicable\nexemptions, overtime calculation methods, methods of overtime payment, or other\novertime provisions within the federal Fair Labor Standards Act and any\nattendant regulations, guidance, or rules shall apply. Any action brought\npursuant to this section shall accrue according to the applicable limitations\nset forth in the federal Fair Labor Standards Act.\n\nHISTORY: 2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.","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}}