Any employer that violates the overtime pay requirements of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended, and any regulations, guidance, or rules adopted pursuant to the overtime pay provisions of such federal act or any related governing case law shall be liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29. For the purposes of this section, "employer" and "employee" shall have the meanings ascribed to them under the federal Fair Labor Standards Act and all applicable exemptions, overtime calculation methods, methods of overtime payment, or other overtime provisions within the federal Fair Labor Standards Act and any attendant regulations, guidance, or rules shall apply. Any action brought pursuant to this section shall accrue according to the applicable limitations set forth in the federal Fair Labor Standards Act and shall be commenced within three years after accrual.
2021, Sp. Sess. I, c. 445; 2022, cc. 461, 462; 2026, c. 1040.
Notes of Decisions
Meharg v. York Operations, LLC (E.D. Va. 2022).
· cites it 15× “§ 201 , (“FLSA”) and the Virginia Overtime Wage Act, Va. Code § 40.1-29.2 (“VOWA”). Compl., ECF No.”
Hatcher v. Hines (E.D. Va. 2024).
· cites it 9× “(Count Three); and violations of the Virginia Overtime Wage Act (““VOWA”), Va. Code Ann. § 40.1-29.2 (Count Four).? In addition to seeking conditional certification of a collective action for Count One, Hatcher seeks to certify a class action for the ! Three other named…”
Hatcher v. Hines (E.D. Va. 2024).
· cites it 9× “(Count Three), and (2) a claim for violations of the Virginia Overtime Wage Act (“VOWA”), Va. Code § 40.1-29.2 (Count Four).! As explained below, the plaintiffs have met their burden under Rule 23 for class certification and have similarly established that the Court should…”
Garcia Menjivar v. Nova Shotcrete & Concrete, Inc. (E.D. Va. 2025).
· cites it 6× “) Presumably, the “Virginia Overtime Law” referenced in the Complaint is the Virginia Overtime Wage Act (“VOWA”), Va. Code § 40.1-29.2. The analysis for claims under the VOWA mirrors the analysis for overtime pay claims under the FLSA.”
Hatcher v. Hines (E.D. Va. 2025).
· cites it 6× “See Va. Code § 40.1-29.2 (2021) (defining “employee” as “any individual employed by an employer”; defining “employer” as “any person acting directly or indirectly in the interest of an employer in relation to an employee”; defining “employ” as “to permit or suffer work”).”
Chittum (W.D. Va. 2026).
· cites it 4× “, and class action under Federal Rule of Civil Procedure 23 and the Virginia Overtime Wage Act (“VOWA”), Va. Code § 40.1-29.2; the Maryland Wage and Hour Law (“MWHL”), Md.”
Hill v. Pepperidge Farm, Inc. (E.D. Va. 2022).
· cites it 3× “) Accordingly, Plaintiff brings four Counts based on the Consignees’ alleged misclassification as independent contractors: Violation of the FLSA—Failure to Pay Overtime Compensation (Count I); Violation of Virginia Code § 40.”
— Va. Code Ann. § 40.1-29.2(B) — 2 cases
— Va. Code Ann. § 40.1-29.2(C) — 1 case
Hatcher v. Hines (E.D. Va. 2024).
“(Count Three), and (2) a claim for violations of the Virginia Overtime Wage Act (“VOWA”), Va. Code § 40.1-29.2 (Count Four).! As explained below, the plaintiffs have met their burden under Rule 23 for class certification and have similarly established that the Court should…”
— Va. Code Ann. § 40.1-29.2(F) — 1 case
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