Virginia Minimum Wage Act
Violations of wage and hour laws are rarely one-time incidents. Whether committed deliberately or just due to negligence or clerical errors, wage and hour violations may go on for years before they are resolved.
Now more than ever, you owe it to yourself to make sure you are being fully compensated for your efforts. If you are concerned that a current or past employer has violated the Virginia Minimum Wage Act, or has withheld wages, you should contact an experienced attorney immediately for a consultation on your wage and hours claim.
How the Virginia Minimum Wage Act Protects Workers
Under VA Statute 40.1-28.10, Virginia has adopted the federal minimum wage ($7.25) set forth by the Fair Labor Standards Act (FLSA) as its minimum wage. The guidelines set forth in the Virginia Minimum Wage Act govern business owners with more than four employees who are not covered under the FLSA.
Workers who receive tips may be subject to the same guidelines as defined by the Fair Labor Standards Act. These guidelines state that workers who receive tips may receive wages as low as $2.13 per hour, provided that they make enough in tips to reach the Federal minimum wage for non-tipped employees.
When a worker receives tips as part of their compensation, their legal rights under wage and hour laws may become complicated.
Under federal law, employers must ensure that the employee earns enough in tips to bring their total compensation up to the full minimum wage of $7.25. If the employer chooses not to make up the difference or fails to adhere to any federal law pertaining to wages, then the employee may file a complaint to the Virginia Department of Labor and Industry.
The Legal Elements of a “Warrant in Debt” for Unpaid Wages
If workers are not paid their earned wages on time, they may be entitled to sue their employer. The plaintiff may file a Warrant in Debt against their employer in the General Court District. Plaintiffs may file a lawsuit in the Small Claims Division, for up to $5,000 without counsel. On the other hand, if the plaintiff requests an attorney, the plaintiff may file in the regular division for up to $25,000.
To file a Warrant in Debt, the plaintiff can go to the General District Court, Clerk’s office and fill out the necessary paperwork. The plaintiff may need to state why the employer owes the plaintiff money and the most money that is owed. There will be no judgment for any amount larger than what the plaintiff demands.
Statute of Limitations for Wage Claims
If a worker is seeking to file a lawsuit against their employer for wage violations, they must file a wage claim within three years from the date on which the employee’s wages were due. If the plaintiff files a claim after the statute of limitations, the court may dismiss the case, and the plaintiff will lose the right to pursue compensation.
Contact a Skilled Virginia Minimum Wage Act Attorney Today
Workers should demand the respect that they deserve in the workplace. There are firm rules and procedures in place under the Virginia Minimum Wage Act that both employees and employers must adhere to in the course of employment.
Ensuring that workers’ rights are protected often requires a strong legal advocate.
A skilled attorney could help you understand your rights and make well-informed decisions regarding your wage claim. To learn more, call today.
