Federal & State Regulations | Exemptions: Overtime & minimum wage - Virginia

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

In Virginia, certain individuals are exempt from the minimum wage provisions: farm laborer, domestics, newsboys, shoe shiners, golf caddies, ushers, doormen, concession attendants, theatre cashiers, prisoners, those 65 or older, and children's summer camp employees.

State

Contact

Virginia Department of Labor and Industry Labor and Employment Law Division

Regulations

Code of Virginia
Chapter 3 - Protection of Employees
Title 40.1 - Labor and Employment
§40.1-28.9 Definition of terms

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees

['Compensation']

['Exemptions from Overtime/Minimum Wage']

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Exemptions: Overtime & minimum wage - Virginia

Summary of differences between federal and state regulations

State

Federal