{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-29.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-29.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-29.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-29.3.html"}],"law_id":85508,"edition_id":1,"section_id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","history":"2022, cc. 461, 462.","full_text":"A\n\nAs used in this section:\n\t\t\t“Carrier” means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq.\n\t\t\t“Derivative carrier” means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.\n\t\t\t“Employee” means an individual employed by a derivative carrier.B\n\nAn employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee’s regular rate for any hours worked by an employee in excess of 40 hours in any one workweek. An employee’s regular rate shall be calculated as the employee’s hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek.C\n\nIf an employer fails to pay overtime wages to an employee in accordance with this section, the employee may bring an action against the employer in a court of competent jurisdiction to recover payment of the overtime wages, and the court shall award the overtime wages owed, an additional equal amount as liquidated damages, and reasonable attorney fees and costs; however, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court may, in its discretion, award no liquidated damages or award any amount thereof not to exceed the amount of the unpaid overtime wages.D\n\nAn action under this section shall be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.","order_by":null,"text":{"0":{"id":306320,"text":"As used in this section:\n\t\t\t“Carrier” means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq.\n\t\t\t“Derivative carrier” means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.\n\t\t\t“Employee” means an individual employed by a derivative carrier.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306321,"text":"An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee’s regular rate for any hours worked by an employee in excess of 40 hours in any one workweek. An employee’s regular rate shall be calculated as the employee’s hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306322,"text":"If an employer fails to pay overtime wages to an employee in accordance with this section, the employee may bring an action against the employer in a court of competent jurisdiction to recover payment of the overtime wages, and the court shall award the overtime wages owed, an additional equal amount as liquidated damages, and reasonable attorney fees and costs; however, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court may, in its discretion, award no liquidated damages or award any amount thereof not to exceed the amount of the unpaid overtime wages.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306323,"text":"An action under this section shall be commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-29.3\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 461<\/a> and 462<\/a> 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.<\/p>","references":[{"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\/"}],"refers_to":false,"permalink":{"id":219949,"object_type":"law","relational_id":85508,"identifier":"40.1-29.3","token":"40.1\/3\/2\/40.1-29.3","url":"\/40.1-29.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","dublin_core":{"Title":"Overtime for certain employees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-29.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Carrier” means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq.\n\t\t\t“Derivative carrier<\/span>” means a carrier that meets the two-part test used by the federal National Mediation Board<\/span> to determine if a carrier is considered a derivative carrier<\/span>.\n\t\t\t“Employee<\/span>” means an individual employed by a derivative carrier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An employer<\/span> shall pay each employee<\/span> an overtime premium at a rate not less than one and one-half times the employee<\/span>’s regular rate for any hours worked by an employee<\/span> in excess of 40 hours in any one workweek. An employee<\/span>’s regular rate shall be calculated as the employee<\/span>’s hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an employer<\/span> fails to pay overtime wages to an employee<\/span> in accordance with this section, the employee<\/span> may bring an action against the employer<\/span> in a court<\/span> of competent jurisdiction<\/span> to recover payment of the overtime wages, and the court<\/span> shall award the overtime wages owed, an additional equal amount as liquidated damages<\/span>, and reasonable attorney fees and costs; however, if the employer<\/span> shows to the satisfaction of the court<\/span> that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of this section, the court<\/span> may, in its discretion, award no liquidated damages<\/span> or award any amount thereof not to exceed the amount of the unpaid overtime wages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An action under this section shall be commenced within two years after the cause of action<\/span> accrued, except that a cause of action<\/span> arising out of a willful violation may be commenced within three years after the cause of action<\/span> accrued. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOVERTIME FOR CERTAIN EMPLOYEES (\u00a7 40.1-29.3)\n\nA. As used in this section:\n\t\t\t“Carrier” means an air carrier that is subject to the provisions\nof the federal Railway Labor Act, 45 U.S.C. § 181 et seq.\n\t\t\t“Derivative carrier” means a carrier that meets the two-part test\nused by the federal National Mediation Board to determine if a carrier is\nconsidered a derivative carrier.\n\t\t\t“Employee” means an individual employed by a derivative carrier.\n\nB. An employer shall pay each employee an overtime premium at a rate not less\nthan one and one-half times the employee’s regular rate for any hours\nworked by an employee in excess of 40 hours in any one workweek. An\nemployee’s regular rate shall be calculated as the employee’s hourly\nrate of pay plus any other non-overtime wages paid or allocated for that\nworkweek, excluding any amounts that would be excluded from the regular rate by\nthe federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its\nimplementing regulations for an individual covered by such federal act, divided\nby the total number of hours worked in that workweek.\n\nC. If an employer fails to pay overtime wages to an employee in accordance with\nthis section, the employee may bring an action against the employer in a court\nof competent jurisdiction to recover payment of the overtime wages, and the\ncourt shall award the overtime wages owed, an additional equal amount as\nliquidated damages, and reasonable attorney fees and costs; however, if the\nemployer shows to the satisfaction of the court that the act or omission giving\nrise to such action was in good faith and that he had reasonable grounds for\nbelieving that his act or omission was not a violation of this section, the\ncourt may, in its discretion, award no liquidated damages or award any amount\nthereof not to exceed the amount of the unpaid overtime wages.\n\nD. An action under this section shall be commenced within two years after the\ncause of action accrued, except that a cause of action arising out of a willful\nviolation may be commenced within three years after the cause of action accrued.\n\nHISTORY: 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}}