Any employer that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law shall be liable to the employee for the applicable remedies, damages, or other relief available under the federal Fair Labor Standards Act in an action brought pursuant to the process in subsection J of § 40.1-29. For the purposes of this section, "employer" and "employee" shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act.
2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 3 - Protection of Employees
§ 40.1-22. Safety and Health Codes Commission continued as Safety and Health Codes Board
§ 40.1-22.1. Governor authorized to enter certain agreements
§ 40.1-27. Preventing employment by others of former employee
§ 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited
§ 40.1-27.2. Preference for veterans and spouses
§ 40.1-27.3. Retaliatory action against employee prohibited
§ 40.1-27.4. Discipline for employee's medicinal use of cannabis oil prohibited
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment
§ 40.1-28.6. Equal pay irrespective of sex
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings
§ 40.1-28.7:3. Earned income tax credit; employer notice to employee
§ 40.1-28.7:4. Release of employee's personal identifying information
§ 40.1-28.7:5. Social media accounts of current and prospective employees
§ 40.1-28.7:6. Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
§ 40.1-28.7:7. Misclassification of workers
§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty
§ 40.1-28.9. Definitions; determining wage of tipped employee
§ 40.1-28.12. Employee's remedies
§ 40.1-29.1. Investigations of employers for nonpayment of wages
§ 40.1-29.2. Employer liability
§ 40.1-29.3. Overtime for certain employees
§ 40.1-30. Registration of certain nonresident employers with Department
§ 40.1-31. Assignment of wages and salaries; requirements
§ 40.1-32. Partial assignments invalid
§ 40.1-33. Certain assignments not affected
§ 40.1-33.1. Retaliatory actions prohibited; civil penalty
§ 40.1-33.2. Discriminatory actions prohibited
§ 40.1-33.4. Accrual of paid sick leave
§ 40.1-33.5. Use of paid sick leave
§ 40.1-33.6. Retaliatory action prohibited
§ 40.1-44.1. Rules and regulations relating to tramways and other hauling and lifting devices
§ 40.1-49.5. Appeals to Court of Appeals
§ 40.1-49.6. Same; attorneys for Commonwealth
§ 40.1-49.7. Same; publication of orders
§ 40.1-49.8. Inspections of workplace
§ 40.1-49.9. Issuance of warrant
§ 40.1-49.10. Duration of warrant
§ 40.1-49.11. Conduct of inspection, testing, or collection of samples for analysis
§ 40.1-49.12. Review by courts
§ 40.1-49.13. Voluntary Protection Program
§ 40.1-51. State Health Commissioner to provide advice and aid; rules and regulations
§ 40.1-51.1. Duties of employers
§ 40.1-51.2. Rights and duties of employees
§ 40.1-51.2:1. Discrimination against employee for exercising rights prohibited
§ 40.1-51.2:2. Remedy for discrimination
§ 40.1-51.3. Duties of health and safety inspectors
§ 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title
§ 40.1-51.4:1. Confidentiality of trade secrets
§ 40.1-51.4:2. Penalty for making false statements, etc.
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations
§ 40.1-51.4:5. Immunity of employees for reporting threatening conduct