Virginia Minimum Wage and Overtime Exemptions




Executive exemption

Virginia minimum wage laws do not exempt executive employees from its minimum wage requirements. Because Virginia does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and executive employees apply.



Administrative exemption

Virginia minimum wage laws do not exempt administrative employees from its minimum wage requirements. Because Virginia does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and administrative employees apply.




Professional exemption

Virginia minimum wage laws do not exempt professional employees from its minimum wage requirements. Because Virginia does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and professional employees apply.



Outside salesman exemption

Virginia minimum wage laws do not exempt outside salesmen from its minimum wage requirements. Because Virginia does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and outside salesmen apply.



Computer employee exemption

Virginia minimum wage laws do not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements. Because Virginia does not have laws governing overtime, the rules and regulations of the federal Fair Labor Standards Act regarding overtime and computer systems analysts, computer programmers, software engineers, and other similarly skilled workers apply.



Other minimum wage and overtime exemptions

Virginia also exempts the following employee from its minimum wage requirements:

  • any individual working as a farm laborer or farm employee;
  • any individual employed in domestic service or in or about a private home or in an eleemosynary institution primarily supported by public funds;
  • any individual engaged in the activities of an educational, charitable, religious or nonprofit organization where an employer-employee relationship does not factually, exist, or where the services provided to such organizations are on a voluntary basis;
  • newsboys;
  • shoe-shine boys;
  • caddies on golf courses;
  • babysitters;
  • ushers, doormen, concession attendants, and cashiers in theaters;
  • any individual confined in any penal or corrective institution of the State or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services;
  • any individual employed by a boys’ and/or girls’ summer camp;
  • any individual who normally works and is compensated based on the amount of work done;
  • any individual of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education or trade school and is in a work-study program or its equivalent at the institution at which he or she is enrolled as a student;

VA Statute 40.1-28.9.