Virginia Minimum Wage laws & HR compliance analysis

Virginia Minimum Wage: What you need to know

You can find your state’s minimum wage rate and tip credit laws at
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Handling wage claims. Employees with wage payment claims exceeding $2,500 will need to contact a private law firm appointed as special counsel by the Virginia Department of Labor and Industry (VDOLI), rather than the Department directly with their claims. In the past, employees were able to contact the VDOLI directly, and the Department would investigate the claims and enforce the laws. Employees may no longer bring their wage claims directly to the VDOLI. Employees with claims totaling less than $2,500 must resolve the disputes using their own means.
Employers covered by the Fair Labor Standards Act (FLSA) and those with fewer than four employees (not including close relatives) are exempt from the state's Minimum Wage Act (VA Code Sec. 40.1-28.9). Also exempt from the Act are:
• Agricultural workers
• Domestic help
• Volunteers at educational, charitable, religious, or nonprofit organizations
• Newspaper carriers, caddies, shoe shiners, babysitters, ushers, doormen, concession attendants, theater cashiers
• Cab drivers
• Outside salespersons working on commission
• Prison inmates
• Summer camp help
• Piecework employees
• Workers whose earning capacity is impaired by physical or mental deficiency
• Minors under the age of 16
• Minors under the age of 18 working for a parent or guardian
• Anyone whose earning capacity is impaired by physical or mental disability
• Students and apprentices in bona fide apprenticeship programs
• Students in bona fide educational programs or full-time students under the age of 18 and working 20 hours per week or less
• Work-study students and ...

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