{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-704.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-704.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-704.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-704.html"}],"law_id":58444,"edition_id":1,"section_id":58444,"structure_id":15354,"section_number":"9.1-704","catch_line":"Employee’s remedies; award of attorneys’ fees and costs","history":"2001, c. 768, \u00a7 2.1-116.9:11; 2005, c. 732.","full_text":"A\n\nIn an action brought under this chapter, an employer who violates the provisions of this chapter shall be liable to the fire protection or law-enforcement employee affected in an amount of double the amount of the unpaid compensation due such employee. However, if the employer can prove that his violation was in good faith, he shall be liable only for the amount of the unpaid compensation plus interest at the rate of eight percent per year, commencing on the date the compensation was due to the employee.B\n\nWhere the fire protection or law-enforcement employee prevails, the court shall award him attorneys’ fees and costs to be paid by the employer.C\n\nThe provisions of this section pertaining to law-enforcement employees shall only apply in instances where the employer employs 100 or more law-enforcement employees.","order_by":null,"text":{"0":{"id":214196,"text":"In an action brought under this chapter, an employer who violates the provisions of this chapter shall be liable to the fire protection or law-enforcement employee affected in an amount of double the amount of the unpaid compensation due such employee. However, if the employer can prove that his violation was in good faith, he shall be liable only for the amount of the unpaid compensation plus interest at the rate of eight percent per year, commencing on the date the compensation was due to the employee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214197,"text":"Where the fire protection or law-enforcement employee prevails, the court shall award him attorneys’ fees and costs to be paid by the employer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214198,"text":"The provisions of this section pertaining to law-enforcement employees shall only apply in instances where the employer employs 100 or more law-enforcement employees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15354,"edition_id":1,"name":"Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:54:12","date_modified":"2026-06-26 03:54:12","permalink":{"id":285447,"object_type":"structure","relational_id":15354,"identifier":"7","token":"9.1\/7","url":"\/9.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79202,"structure_id":15354,"section_number":"9.1-700","catch_line":"Definitions","url":"\/9.1-700\/","token":"9.1\/7\/9.1-700","metadata":false},{"id":79043,"structure_id":15354,"section_number":"9.1-701","catch_line":"Overtime compensation rate","url":"\/9.1-701\/","token":"9.1\/7\/9.1-701","metadata":false},{"id":75866,"structure_id":15354,"section_number":"9.1-702","catch_line":"Work period","url":"\/9.1-702\/","token":"9.1\/7\/9.1-702","metadata":false},{"id":67950,"structure_id":15354,"section_number":"9.1-703","catch_line":"Hours of work","url":"\/9.1-703\/","token":"9.1\/7\/9.1-703","metadata":false},{"id":58444,"structure_id":15354,"section_number":"9.1-704","catch_line":"Employee's remedies; award of attorneys' fees and costs","url":"\/9.1-704\/","token":"9.1\/7\/9.1-704","metadata":false},{"id":64921,"structure_id":15354,"section_number":"9.1-705","catch_line":"Limitation of actions","url":"\/9.1-705\/","token":"9.1\/7\/9.1-705","metadata":false},{"id":66546,"structure_id":15354,"section_number":"9.1-706","catch_line":"Sovereign immunity","url":"\/9.1-706\/","token":"9.1\/7\/9.1-706","metadata":false}],"previous_section":{"id":67950,"structure_id":15354,"section_number":"9.1-703","catch_line":"Hours of work","url":"\/9.1-703\/","token":"9.1\/7\/9.1-703","metadata":false},"next_section":{"id":64921,"structure_id":15354,"section_number":"9.1-705","catch_line":"Limitation of actions","url":"\/9.1-705\/","token":"9.1\/7\/9.1-705","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-704\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 768<\/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. 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 2005, chapter 732<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":285465,"object_type":"law","relational_id":58444,"identifier":"9.1-704","token":"9.1\/7\/9.1-704","url":"\/9.1-704\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-704\/","token":"9.1\/7\/9.1-704","dublin_core":{"Title":"Employee’s remedies; award of attorneys’ fees and costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-704","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In an action brought under this chapter, an employer<\/span> who violates the provisions of this chapter shall be liable to the fire protection or law<\/span>-enforcement employee<\/span> affected in an amount of double the amount of the unpaid compensation due such employee. However, if the employer<\/span> can prove that his violation was in good faith, he shall be liable only for the amount of the unpaid compensation plus interest at the rate of eight percent per year, commencing on the date the compensation was due to the employee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the fire protection or law<\/span>-enforcement employee<\/span> prevails, the court<\/span> shall award him attorneys’ fees and costs to be paid by the employer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section pertaining to law<\/span>-enforcement employees<\/span> shall only apply in instances where the employer<\/span> employs 100 or more law<\/span>-enforcement employees<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYEE’S REMEDIES; AWARD OF ATTORNEYS’ FEES AND COSTS (\u00a7 9.1-704)\n\nA. In an action brought under this chapter, an employer who violates the\nprovisions of this chapter shall be liable to the fire protection or\nlaw-enforcement employee affected in an amount of double the amount of the\nunpaid compensation due such employee. However, if the employer can prove that\nhis violation was in good faith, he shall be liable only for the amount of the\nunpaid compensation plus interest at the rate of eight percent per year,\ncommencing on the date the compensation was due to the employee.\n\nB. Where the fire protection or law-enforcement employee prevails, the court\nshall award him attorneys’ fees and costs to be paid by the employer.\n\nC. The provisions of this section pertaining to law-enforcement employees shall\nonly apply in instances where the employer employs 100 or more law-enforcement\nemployees.\n\nHISTORY: 2001, c. 768, \u00a7 2.1-116.9:11; 2005, c. 732.","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}}