Do employers have to pay overtime for over 40 hours in Va.??

They are running the risk of thousands of dollars in fines. The U.S. Dept of Labor specifies the conditions for overtime pay, and state law may also give additional rights to the employee.

http://www.dol.gov/dol/topic/wages/overtimepay.htm

Any hourly wage employee must be paid time and a half for work in excess of 40 hours a week. Under the law, an employee cannot even agree to waive this requirement. And offering compensation in lieu of overtime still does not waive the overtime pay requirement.

The only exception to overtime pay is for salaried managers and the requirements for that are strict. It must be an actual management position, not just a title, with base pay that justifies compensation.

Although there are certain government regulations that exempt small businesses from compliance, the Fair Wage Law is NOT one of them.

Stick to your guns, use the link I provided, check with your state employment agency for their law, as well, and if you find yourself improperly terminated for insisting on your rights, file a complaint with both the state and federal agencies. There will be major, expensive fines for your employer's non-compliance.

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