Virginia Wage Payment Act
In Virginia, federal and state laws govern wage requirements. The Virginia Wage Payment Act regulates how much employees must be paid, how many hours they can work, and includes special rules applicable to younger workers.
Under the Virginia Wage Payment Act, you have rights that can protect how much you are paid, and when your employer pays you. A skilled attorney may be able to evaluate your case and help you collect unpaid wages in Virginia.
Pursuing a Wage Claim in Virginia
If an employer owes a worker wages, the employee may file a wage claim with the Virginia Department of Labor and Industry. The Department of Labor and Industry may investigate wage claims and request a conference with the employer to discuss the reason for the claim. The Department may also hold the employer liable for damages by awarding the employee the amount of wages due, as well as subject the employer to a civil monetary penalty.
Virginia law controls when workers must be paid for their services. Under the Virginia Wage Payment Act, salaried employees are paid at least once a month. Hourly employees, however, must be paid at least once every two weeks. A discharged employee must be paid for all hours worked by the next scheduled pay period following the termination.
Federal and state law may give employees the right to collect damages for certain wage violations. If an employer violates any provision of the Virginia Payment Act, the employee may have the right to pursue liquidated damages in an amount equal to their unpaid wages. For example, if the employer fails to pay their employee $3,000 in overtime, the employee may request an additional $3,000 in liquidated damages, for a total of $6,000.
Employers that violate federal or state wage laws may be required to pay 8 percent annual interest on the unpaid wages to the employee.
If an employer has failed to pay an employee minimum wage or violates any wage laws, instead of going through the Department of Labor and Industry, the employee may file a different action and pursue a private lawsuit. The court may award the employee the amount of the unpaid minimum wages and interest. The court may also mandate that the employer pay the employee’s attorney fees. The statute of limitations for such an action is two years. If an employer fails to pay the employee wages that they are entitled to, the employee may pursue a lawsuit based on breach of contract.
Virginia Statute of Limitations for Wage Claims
It is important for employees not to delay in contacting the Department of Labor and Industry to file a claim. There are strict time limits in which charges of wage violations must be filed. In order for the Department to act on an employee’s behalf, the employee should file the claim within three years from the date on which the employer should have paid the employee under this law. Other actions filed in Court may have even shorter statutes of limitations.
Work with a Virginia Wage Payment Act Attorney Today
If you experienced any violations of the Virginia Wage Payment Act or have a wage and hour dispute with your employer, contact an experienced attorney to schedule a consultation. To learn more, call today.
