Millions Recovered
For Unpaid Workers
Virginia's minimum wage is well above federal, and employers who knowingly withhold wages can owe triple damages. Find out what you're owed.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Since July 1, 2022, the Virginia Overtime Wage Act (Va. Code § 40.1-29.2) follows federal FLSA overtime standards — but Virginia adds a $12.77/hour minimum wage and triple damages when an employer knowingly fails to pay wages (Va. Code § 40.1-29). When state and federal law differ, the law most favorable to you applies.
| Provision | Virginia Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hours/week (follows FLSA) | 40 hours/week | Same standard |
| Minimum Wage | $12.77/hr (2026, adjusted annually) | $7.25/hr | Virginia (76% higher) |
| Statute of Limitations | Follows FLSA accrual (2-3 years) | 2 years (3 if willful) | Same standard |
| Damages | 2x liquidated; up to 3x if knowing violation | 100% liquidated (2x total) | Virginia (treble available) |
| Prejudgment Interest | 8% annual interest available | Not standard | Virginia advantage |
| Tipped Minimum | $2.13/hr — but tips + wage must reach $12.77 | $2.13/hr — must reach $7.25 | Virginia (higher floor) |
Va. Code § 40.1-29(J)
If your employer knowingly failed to pay wages owed, a Virginia court can award three times the unpaid amount — plus attorney fees and costs.
This goes beyond the federal FLSA, which caps recovery at double.
Va. Code § 40.1-28.10
Virginia's minimum wage is $12.77/hour (2026) and adjusts annually for inflation. If your regular rate falls below it — including for tipped workers whose tips don't close the gap — you have a claim.
Va. Code § 40.1-28.7:7
Virginia presumes a worker is an employee unless the employer proves independent contractor status under IRS standards. Misclassified 1099 workers can sue directly for unpaid wages and benefits.
FLSA + Va. Code § 40.1-29
Pre-shift prep, post-shift security checks, mandatory unpaid meetings, and after-hours emails are compensable time. Northern Virginia's government contractors and data centers are frequent violators.
29 C.F.R. Part 541
A salary and a "manager" title don't eliminate overtime rights. You must earn at least $684/week AND perform true executive, administrative, or professional duties.
Va. Code § 40.1-33.1
Your employer cannot fire, demote, or discipline you for asking about unpaid wages or filing a claim. Retaliation creates a separate legal claim.
Violations: Northern Virginia is the data center capital of the world. On-call time, IT worker misclassification, and unpaid travel between sites are rampant.
Violations: Misclassifying analysts and support staff as exempt, unpaid security clearance processing time, off-the-clock work in the DC metro corridor.
Violations: 1099 misclassification (Virginia presumes you're an employee), day rates with no overtime, unpaid travel between job sites.
Violations: Hampton Roads shipyard workers: unpaid donning/doffing of safety gear, pre-shift musters, and travel within the yard.
Violations: Automatic lunch deductions while nurses work through breaks, off-the-clock charting, mandatory training without pay.
Violations: Tip credit abuse, managers in the tip pool, unpaid prep and closing work across Richmond, Virginia Beach, and NoVA.
1.5x your regular rate for all hours over 40 per week
An equal amount on top of unpaid wages — doubling your recovery
If the employer knowingly failed to pay, Virginia courts can award 3x the wages owed (Va. Code § 40.1-29(J))
8% annual interest on unpaid wages in Virginia state court
The employer pays your legal fees separately — not taken from your recovery
Virginia overtime claims accrue under FLSA timing rules: 2 years, or 3 years for willful violations. Every pay period that passes, your oldest claims expire.
⚠️ Don't wait — you lose older claims as time passes!
Virginia transformed its wage laws in 2020-2021. Workers now have a state minimum wage far above federal, a direct private right of action, triple damages for knowing violations, and a presumption of employee status in misclassification fights.
💼 Free Case Review — No Fee Unless We Win
Use the calculator above to estimate what you're owed, then tell us about your situation.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.