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Virginia Equal Pay Acts: What you need to know

The Virginia Equal Pay Act prohibits employers from discriminating against employees based on sex when paying for work that requires equal skill, effort, and responsibility and that is performed under similar working conditions (VA Stat. Sec. 40.1-28.6 et seq.). Differentiations in wages are permissible only if they are based on:
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• A seniority or merit system;
• A system that measures earnings by quantity or quality of production; or
• A differential based on any factor other than sex.
Unlike many state equal pay acts, the Virginia statute does not limit coverage to employers of any particular size. However, the Act states that it is applicable only to employers who are not covered by the federal Fair Labor Standards Act (FLSA). FLSA covers employers (including employment agencies and labor unions) engaged in interstate commerce, as well as hospitals, schools, public agencies, and most employers with a gross income over $500,000. Additional information is available.
An employee may bring a private lawsuit under the Virginia Equal Pay Act to recover up to twice the amount of wages that were wrongfully withheld. Such actions must be filed within 2 years of the date upon which the alleged pay discrimination occurred or was discovered.
Last reviewed March 2015.

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Virginia Equal Pay Acts Resources

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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