Labor Laws on Salaried Employees & the Hours Per Week in Virginia

 Salaried employees are often exempt from overtime pay in Virginia. Labor laws in Virginia regarding rules for minimum wages and overtime pay for salaried employees are controlled by the federal Fair Labor Standards Act. Certain employees are exempt from FLSA minimum wage and overtime pay rules. The exemptions are standard rules and can be legally modified by collective bargaining agreements.

Virginia state labor law gives control for minimum wage and overtime pay rules to the FLSA. State law also has no restriction on the maximum hours of work for adult employees. The FLSA requires workers to be paid at least minimum wage and time and a half overtime unless they are an exempt type of employee. Such exemptions are determined based on the types of tasks the employee does, their compensation and certain other requirements. The job title alone will not create an allowable exemption.

An executive employee must be paid a weekly salary of at least $455. Their primary duty must be actual management of the employer's business, as demonstrated by their regular tasks and responsibilities. They must have regular supervisory authority over at least two other full time employees. The executive employee must have decision-making authority or significant influence regarding the hiring, promotion or firing of other employees. All of these requirements must be met for the employee to be considered exempt as an executive.

The FLSA allows exemptions for Learned Professionals and Creative Professionals. Both must be paid a weekly salary of at least $455. The Learned Professional employee's primary work responsibilities and duties must be predominantly intellectual in character, requiring advanced knowledge, in a field of science or learning, with such knowledge acquired by a prolonged course of specialized intellectual instruction. A Creative Professional's primary duty must involve work requiring creativity, imagination, originality or special talent in a recognized artistic or creative field.

An exempt administrative employee must be paid a weekly salary of at least $455, with primary duties involving work directly related to the management activities of the employer's business, which require the exercise of discretion and independent judgment. An exempt computer employee must be paid a weekly salary of at least $455 or at an hourly rate of at least $27.63 and must be qualified and employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field.

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