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26 Aug

August 2021 Virginia HR Legal Updates

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Virginia’s Overtime Wage Act Amended

Update Applicable to:
All employers in Virginia.

What Happened?
On August 10, 2021, Governor Northam signed HB 7001 into law.

What are the details?
The Law amends the Virginia Overtime Wage Act (VOWA), which was effective July 1, 2021. The amendment incorporated the availability of “compensatory time” for certain public sector employees (i.e., leave in lieu of overtime wages) and clarifies that public sector volunteers are not considered “employees” covered by the VOWA.

In addition to this, the Law also restores exemptions for employees in numerous industries, including the following:

  • Certain salesmen, parts men, and mechanics primarily engaged in selling or servicing automobiles, trucks, or farm implements (i.e., the automobile salesperson exemption).
  • Certain computer employees.
  • Employees of specified amusement or recreational establishments.
  • Employees of specified religious or non-profit educational conference centers.
  • Fishery employees.
  • Certain agriculture employees.
  • Employees of newspapers that have small circulations.
  • Switchboard operators employed by … independently owned public telephone companies of a certain size.
  • Seaman employed on non-American vessels.

The law can be read here.

An article on the law can be read here.

What do employers need to do?
Employers should review the amendment here and their payroll policies to continue to stay in compliance with the amendments to the VOWA.