Employment · Virginia

Can I sue for unpaid overtime in Virginia?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Virginia?

free route

Beginning 1 July 2026 the Department of Labor and Industry may investigate and enforce overtime, which it could not do before. Its Payment of Wage Unit takes the claim on a form you file yourself. For overtime earned before that date the Department says to go to the federal Wage and Hour Division instead, or to sue.

source ↗Not yet checked against the statute.

Which court hears a case like this in Virginia?

which court

Small claims court, within the general district court

source ↗Not yet checked against the statute.

How much can you sue for in Virginia small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.

What else should you know in Virginia?

also

Which side of 1 July 2026 your unpaid hours fall on decides which door you knock on, and nothing else about the claim changes. The federal claim behind it is the same claim either way, with the same two years, or three if the violation was willful.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Virginia. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

unpaid overtime — state by state →other claims in this state →