                                 CODE OF VIRGINIA

EMPLOYER LIABILITY (§ 40.1-29.2)

Any employer that violates the overtime pay requirements of the federal Fair
Labor Standards Act of 1938, 29 U.S.C. § 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 § 40.1-29. For the purposes of this section,
&#8220;employer&#8221; and &#8220;employee&#8221; 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.

HISTORY: 2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.