Employment and Labor Laws

Virginia

Virginia Minimum Wage and Overtime Exemptions Laws


Executive exemption

Virginia minimum wage laws exempt executive employees from its minimum wage requirements. VA Statute 40.1-28.9 However, the minimum wage laws do not provide any details regarding the requirements for the executive employee exemption to apply to employees. The rules set forth by the federal Fair Labor Standards Act regarding overtime and executive employees may provide some guidance.


Administrative exemption

Virginia minimum wage laws exempt administrative employees from its minimum wage requirements. VA Statute 40.1-28.9 However, the minimum wage laws do not provide any details regarding the requirements for the administrative employee exemption to apply to employees. The rules set forth by the federal Fair Labor Standards Act regarding overtime and administrative employees may provide some guidance.


Professional exemption

Virginia minimum wage laws exempt professional employees from its minimum wage requirements. VA Statute 40.1-28.9 However, the minimum wage laws do not provide any details regarding the requirements for the professional employee exemption to apply to employees. The rules set forth by the federal Fair Labor Standards Act regarding overtime and professional employees may provide some guidance.


Outside salesman exemption

Virginia minimum wage laws exempt outside salesmen from its minimum wage requirements. VA Statute 40.1-28.9 However, the minimum wage laws do not provide any details regarding the requirements for the outside salesmen exemption to apply to employees. The rules set forth by the federal Fair Labor Standards Act regarding overtime and outside salesmen may provide some guidance.


Computer employee exemption

Virginia minimum wage laws exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements. VA Statute 40.1-28.9 However, the minimum wage laws do not provide any details regarding the requirements for computer systems analysts, computer programmers, software engineers, or other similarly skilled workers exemption to apply to employees. The rules set forth by the federal Fair Labor Standards Act regarding overtime and computer systems analysts, computer programmers, software engineers, and other similarly skilled workers may provide some guidance.


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 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;
  • caddies on golf courses;
  • traveling salesmen;
  • any person under the age of 18 in the employ of his parent or legal guardian;
  • 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 person under the age of 16, regardless of by whom employed;
  • any person who is paid pursuant to 29 U.S.C. § 214(c) of the Fair Labor Standards Act of 1938, as amended;
  • students participating in a bona fide educational program;
  • any person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week;
  • any person 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 is enrolled as a student;
  • any person who works as a babysitter for fewer than 10 hours per week;
  • Any person participating as an au pair in the U.S. Department of State’s Exchange Visitor Program governed by 22 C.F.R. § 62.31;
  • Any individual employed as a temporary foreign worker as governed by 20 C.F.R. Part 655; and
  • Any person who is exempt from the federal minimum wage pursuant to 29 U.S.C. § 213(a)(3).

VA Statute 40.1-28.9.


Overtime only exemptions

In addition to those employees discussed above, Virginia exempts the following employees from its overtime requirements.

  • any individual who volunteers solely for humanitarian, religious, or community service purposes for a public body, church, or nonprofit organization that does not otherwise employ such individual
  • any person who meets the exemptions set forth in 29 U.S.C. § 213(b)(1) or 213(b)(11)

VA Statute 40.1-29.2


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