Federal overtime law (FLSA) - 2026
Under the Fair Labor Standards Act, non-exempt employees must receive overtime pay of at least 1.5× their regular rate for all hours worked over 40 in a workweek. As of July 2024, salaried workers earning under $43,888/year are also eligible for overtime.
Virginia overtime law - key rules
Official overtime requirements under Va. Code Ann. § 40.1-29.2
Virginia overtime law overview
Virginia follows the federal 40-hour weekly overtime threshold. 1.5x pay required for hours over 40 per workweek.
Virginia enacted the Virginia Overtime Wage Act in 2021, creating a state overtime law that mirrors the federal FLSA. Virginia workers now have both state and federal overtime protections and can sue under either law.
Governing law
Virginia overtime requirements are governed by Virginia Overtime Wage Act Va Code 40.1-29.2 (Va. Code Ann. § 40.1-29.2). This law establishes when overtime pay is required and at what rate.
The official authority for overtime enforcement in Virginia is the Virginia Department of Labor and Industry. To report an overtime violation or get official guidance, contact the Virginia Department of Labor and Industry directly.
What if my employer is not paying overtime?
If your employer owes you unpaid overtime, you have the right to file a wage claim with the Virginia Department of Labor and Industry or with the federal U.S. Department of Labor Wage and Hour Division. You may recover unpaid overtime wages plus an equal amount in liquidated damages, plus attorney fees. Most states allow recovery of back wages going back 2-3 years. Under the federal FLSA you can recover up to 2 years of back pay (3 years for willful violations).
Data source: Va. Code Ann. § 40.1-29.2 and federal FLSA 29 U.S.C. 207. Last verified: 2026. This calculator provides estimates for informational purposes only. Consult a wage and hour attorney for advice specific to your situation.
Overtime pay calculator - federal (FLSA) 2026
Calculate your time-and-a-half and double time pay based on your state's overtime rules
This calculator estimates gross overtime pay before taxes and deductions. Actual take-home pay will be lower. Some workers are exempt from overtime under FLSA - including certain managers, professionals, and commissioned employees. Consult an employment attorney if you believe your employer is not paying required overtime.
Frequently asked questions - overtime pay
How overtime pay is calculated
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive at least 1.5 times their regular hourly rate for every hour worked over 40 in a single workweek. This is commonly called "time and a half."
The formula is: Overtime Pay = (Hourly Rate × 1.5) × Overtime Hours. Your total weekly pay = Regular Pay + Overtime Pay.
Some states - including California, Alaska, Colorado, and Nevada - have additional daily overtime rules that require overtime pay after 8 hours in a single workday, regardless of your total weekly hours. California also requires double time (2×) after 12 hours in a day.