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Virginia employers are at increased risk of class action wage litigation following passage of the Virginia Overtime Wage Act.
“Previously, Virginia had been content to rely on the overtime pay requirements of the federal Fair Labor Standards Act (FLSA),” note Kristina H. Vaquera and Shaun M. Bennett in a recent Jackson Lewis legal alert discussing the new statute, which Governor Ralph Northam signed into law on March 31, 2021. Like the FLSA, the Virginia Overtime Wage Act obligates employers to pay one and one-half times an employee’s regular rate of pay for hours worked in excess of 40 in a workweek. Also like the FLSA: Beginning July 1, 2021, employees will be entitled to pursue state-law overtime claims as collective actions.