Virginia Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under Va. Code § 40.1-28.9.
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.
Virginia Fast Food & Counter Worker Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
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.
In Virginia, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $12.00/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under Va. Code § 40.1-28.9.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Virginia
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
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.
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.
Audit Virginia Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in Virginia.