Virginia Overtime & Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
Visual Pay Composition Breakdown
Managing payroll or shift workers in CALIFORNIA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Virginia Statutory Wage & Overtime Authority
Statutory Legal Citation: Va. Code § 40.1-28.9
Virginia Overtime Wage Act aligns with FLSA overtime standards requiring 1.5x regular rate for hours worked over 40 per workweek.
Employee Statutory Rights (VA)
- ✓ Statutory minimum wage of $12.00/hr.
- ✓ Overtime pay at 1.5x regular rate for hours over 40 per workweek.
- ✓ Protection from unlawful wage theft under Virginia Overtime Wage Act.
Employer Mandatory Obligations (VA)
- § Pay non-exempt employees on regular scheduled paydays.
- § Provide itemized paystub showing hours, rate, and deductions.
- § Reimburse tip credit shortfalls.
Virginia Statutory Wage & Overtime FAQs
What is the minimum wage in Virginia for 2026? ↓
Under statutory citation Va. Code § 40.1-28.9, the 2026 minimum wage in Virginia is $12.00 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does Virginia mandate daily overtime pay? ↓
Virginia follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in Virginia take a tip credit against wage rates? ↓
Virginia permits employers to claim a maximum tip credit of $9.87/hr against tipped staff, requiring a minimum direct cash wage of $2.13/hr.
Common Virginia Payroll Compliance Traps & Audit Penalties
Failing to include regular rate bonuses in overtime math.
Making unauthorized deductions from final paychecks.
Misclassifying hourly team members as exempt.
Did Your Employer Violate Virginia Labor Law?
30-Second Diagnostic • Sourced from Va. Code § 40.1-28.9
Based on Virginia labor code standards (Va. Code § 40.1-28.9), your responses indicate potential statutory wage violations.
Never Miss an Overtime Dollar or Statutory Rate Update
Set weekly payday audit reminders & Virginia labor code alert updates
Add a recurring Friday payday paystub audit reminder directly to your phone calendar.
Employer Statutory Violation & Penalty Risk Audit
Department of Labor & State Compliance Fine Exposure in Virginia
Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.
1 hour regular rate premium pay per workday missed under state law.
Waiting time statutory penalties for delayed final paycheck settlement.
Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll & multi-state compliance partners.
FLSA & VA Overtime Exemption Checklist
Determine if an employee is legally exempt from overtime under state and federal law
Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).
Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.
Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.
Managing payroll or shift workers in Virginia?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Embed This Virginia Calculator on Your Website
HR blogs, news portals, and labor websites can embed this interactive 2026 Virginia wage tool for free using the code snippet below: