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.