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An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
On March 31, 2021, the Virginia governor signed the Virginia Overtime Wage Act into law. Previously, the state followed the overtime pay requirements of the FLSA. As with the FLSA, the Virginia Overtime Wage Act obligates employers to pay one and one-half times an employee’s regular rate of pay for hours worked in excess of 40 in a workweek. However, the Virginia law departs from the federal law regarding how the regular rate of pay is calculated, a longer statute of limitations to bring potential claims, and the possible damages available.