                                 CODE OF VIRGINIA

OVERTIME FOR CERTAIN EMPLOYEES (§ 40.1-29.3)

A. As used in this section:
			&#8220;Carrier&#8221; means an air carrier that is subject to the provisions
of the federal Railway Labor Act, 45 U.S.C. &#xA7; 181 et seq.
			&#8220;Derivative carrier&#8221; 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.
			&#8220;Employee&#8221; means an individual employed by a derivative carrier.

B. An employer shall pay each employee an overtime premium at a rate not less
than one and one-half times the employee&#8217;s regular rate for any hours
worked by an employee in excess of 40 hours in any one workweek. An
employee&#8217;s regular rate shall be calculated as the employee&#8217;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. &#xA7; 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. 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.

D. 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.

HISTORY: 2022, cc. 461, 462.