Hours worked
Virginia minimum wage laws require employers to pay employees for all hours worked; however, they do not address when an employer must count employee time as hours worked. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to hours worked may provide reasonable guidance.
Workweek
Virginia minimum wage laws defines workweek as a fixed and regularly occurring period of 168 hours or seven (7) consecutive 24-hour periods. The workweek established by an employer does not need to coincide with the calendar week and may begin on any day and at any hour. An employer may change the week and/or time of the workweek so long as they intend to make the change permanent and the change is not designed to evade overtime requirements. VA Statute 40.1-29.2
Waiting time
Virginia minimum wage laws do not address when an employer must count employee waiting time as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to waiting time may provide reasonable guidance.
On-call time
Virginia minimum wage laws do not address when an employer must count employee on-call time as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to on-call time may provide reasonable guidance.
Sleeping time
Virginia minimum wage laws do not address when an employer must count employee sleeping time as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to sleeping time may provide reasonable guidance.
Travel time
Virginia minimum wage laws do not address when an employer must count employee travel time as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to travel time may provide reasonable guidance.
Meeting, lecture, and training time
Virginia minimum wage laws do not address when an employer must count time spent by employees at meetings, lectures, and training as hours worked for purposes of their minimum wage and overtime requirements. Because most employers and employees in Virginia are subject to the federal Fair Labor Standards Act, the standards set forth in that law related to meeting time may provide reasonable guidance.
Show up or reporting time
Virginia law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.
