Unpaid Wage and Overtime



 Unpaid Wage and Overtime Lawyers

Are you a minimum wage employee, but your
employer is paying you less than the minimum wage?

Are you entitled to overtime pay, but your
employer is not paying you for the overtime hours you work?

With the recent changes in the economy, times have been tough. Many people have lost their jobs or have received large pay cuts. What has made it even more difficult for so many is not receiving the pay or compensation they deserved for their hard-earned work. In Virginia, there are laws set up to help protect employees against the wrongful actions of their employers.

Virginia Labor & Employment Law Facts

  • Overtime- Most hourly employees are entitled to overtime pay when hours worked surpasses 40 hours within a 7 consecutive works days according to the Fair Labor Standards Act (FLSA).
  • Minimum Wage- In Virginia, the minimum hourly rate is identical to the federal rate. Currently the hourly minimum rate is $7.25 per hour.
  • Tips – The FLSA states that an employer can pay an employee under the minimum wage only when that wage plus tips earned is, at the least, equal to the minimum wage for each hour worked. If it is not, the employer must make up the difference.
  • Breaks- In Virginia, if you are given a break and do any work during this break, you are entitled to be paid for that work. However, Virginia does not require employers to give employees breaks unless the employee is under the age of 16.

The Wages and Fair Labor Standards Act (FLSA)

The Wages and Fair Labor Standards Act (FLSA) is a federal act that regulates the wages and hours of employees in Virginia. A few reasons the FLSA is important include:

  • It establishes a minimum wage
  • Requires overtime for non-exempt employees
  • Prohibits forms of child labor
  • Prohibits unequal pay based on gender

cindra1_smallCindra M. Dowd at the Law Offices of Richard J. Serpe, P.C. is experienced in representing employees in employment law matters and is recognized as an experienced litigator who will apply her litigation expertise to help you through your employment law issue no matter how complex or how small.

If you feel that your employer has violated that law, contact us to setup a consultation.

Read about her recent settlement: $3.2 Million Settlement in Norfolk Police Overtime Lawsuit

*Prior results do not guarantee a similar outcome.



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