On 11th April 2022, Governor Glenn Youngkin signed into law House Bill (HB) 1173 and Senate Bill (SB) 631. It was sent to Governor by Democrat-controlled Senate and Republican-led House of Delegates. As a result, on 1st July 2022 overtime requirement in Virginia return to federal overtime standards. Virginia adopts the Fair Labor Standards Act’s (FLSA), and does not have any state-specific overtime labor laws.
The new 2022 amendment completely removes the provisions of Virginia Overtime Wage Act (VOWA). It is amended to help Public Employers and Various Private Industries. Code § 40.1-29.2, goes into effect. The law requires employers in the country to pay an overtime wage rate of one and a half times the regular rate for all working hours in excess of 40 hours in a workweek. Virginia employers once again take the advantage of the “Fluctuating workweek” (FWW) method of paying traditionally non-exempt employees a fixed salary to cover wage for hours in excess of 40 in a workweek. Violations of this Act will be enforced by the Virginia Department of Labor and Industry (DOLI). The new amendment focused that employers once again trust on over 80 years of FLSA regulations, rules and guidance.