Cleaning Up Its Mess — the Virginia Assembly Ditches Virginia's Overtime Wage Act


Well, that was fun!

Last year, on July 1, 2021, the Virginia Overtime Wage Act (VOWA) went into effect, causing significant headaches for Virginia employers because it differed starkly from the federal Fair Labor Standards Act (FLSA) on a number of key points. Employers were left reeling as they tried to untangle the new law's complexities and restructure their pay practices to comply. It was clear that the General Assembly failed to think through the meaning of VOWA or the disruption it would cause businesses.

Good news, Virginia: VOWA is dead. It will be officially laid to rest on July 1, 2022, exactly one year after its enactment. In its place, the new law, Va. Code ยง 40.1-29.2, will provide simply that businesses must comply with the federal FLSA and that an employee may file claims for FLSA violations in Virginia courts. So, it's back to normal for Virginia employers.

Vandeventer Black LLP's labor and employment law attorneys are available to assist businesses with FLSA compliance and other wage and hour issues.


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