Workers’ Rights Lawyers in Virginia

Wage & Hour Law

Federal employment law requires employers to pay their workers according to their mutual agreement. When an employer does not take this legal obligation seriously and tries to pay you less than you deserve, you have a right to take legal action. If you are hesitant to speak up about wage and hour issues out of fear of retaliation, our experienced wage and hour attorneys can help protect you legally.

Wage and Hour Laws typically cover issues related to:

• Minimum wage: The lowest hourly rate an employer can legally pay an employee.
• Overtime: The additional pay an employee must receive for working more than a certain number of hours per week (usually 40).
• Meal and rest breaks: The amount of time an employee is entitled to take off during their shift.
• Paystubs: A written document that details an employee's wages, deductions, and net pay.
• Recordkeeping: How long employers must keep records of employees' hours worked and wages paid.

Failure to pay overtime is a common way employers deprive workers of the wages they have dutifully earned. Although certain types of employees (such as independent contractors) may be exempt from time-and-a-half overtime pay, many other non-exempt employees never receive the overtime pay they rightfully deserve, or never receive payment for off-the-clock hours.

There are two main sources of wage and hour laws in the United States:

Federal Law: The Fair Labor Standards Act (FLSA) sets the baseline national standards for wage and hour laws. The federal minimum wage is currently $7.25 per hour, but some states and localities have higher minimum wage laws.

Virginia State Law:

• Minimum Wage: Virginia's minimum wage is currently $12.00 per hour, and it's scheduled to increase further in the coming years (Code of Virginia: Virginia Minimum Wage Act § 40.1-28.10D). There are some exceptions for certain types of employees, like farmworkers and commissioned salespeople (§ 40.1-28.9).
• Overtime: Virginia adopts the overtime requirements set by the federal Fair Labor Standards Act (FLSA). This means most non-exempt employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek.
• Other Wage & Hour Protections: Virginia has additional laws regarding:
  • Payment methods and times
  • Itemized wage statements for employees
  • Limitations on wage deductions

Off-the-Clock Hours

Any action you perform for your employer or at their direction should be considered as “on-the-clock” work, which means you get paid for it. However, many dishonest employers instruct their works to clock out for “random” activities and tasks because they are “not work-related.” An investigation from an attorney could prove otherwise.

Common activities that should be on-the-clock but are often counted as off-the-clock hours include:

• Driving in between worksites
• Working beyond a scheduled shift, even for a few minutes
• Mandatory meetings
• Training courses
• Picking up food for your employer
• Certain meals and breaks

If you have been working off-the-clock hours but think you should have been paid all along, then your employer might have violated the Fair Labor Standards Act (FLSA) or Virginia state and federal employment laws. Although you might be exempt from FLSA due to being a volunteer or independent contractor, you are still owed payment for all work performed. Let us know what happened, so we can determine what you should do next.

Failure to Pay Overtime

Under the FLSA, you must be paid overtime if you are a nonexempt worker. When working an overtime shift, you should be paid at least time-and-a-half, depending on where you work and how long you have been working that shift. An employer who fails to pay overtime – either by muddling their timesheets, misclassifying an employee, or through general negligence – can be sued and forced to pay all missing overtime wages and possibly further punitive damages. Failure to pay overtime lawsuits often result in all employees for the company being paid an award because it is assumed that most or all employees have been exploited in the same way.

Wrongful Termination Virginia

Most workers in the country are employed at will, which means that they have the right to quit at any time for almost any reason. On the other hand, employers who hire at-will employees and independent contractors can terminate their employment contracts at any time and for almost any reason — with some exceptions.

Your termination could have been “wrongful” if you were fired due to:

• Discrimination against a protected class, such as race, religion, gender, age, disability, or pregnancy.
• Retaliation after reporting an unsafe working condition or illegal activity in your workplace (whistleblowing).
• Refusal to participate in illegal activity.
• Exercising a legal right, such as filing for workers' compensation or taking leave under the Family and Medical Leave Act (FMLA).

If you were wrongfully terminated, then you might have grounds to file a lawsuit against your employer. The outcome of your wrongful termination case could include receiving compensation for wages you lost due to being fired and getting additional compensation in the form of punitive damages used to penalize your employer for intentional wrongdoing. Your case’s outcome could also require that your employer make an expanded effort to improve management training, and the person who fired you could be terminated, too. In other words, your case might help protect your coworkers and future employees from the same discriminatory behavior that hurt you.

Can You Sue for Wrongful Termination in Virginia?

Yes, you can sue for wrongful termination in Virginia, but there are important limitations to consider. Since Virginia is an "at-will" employment state, employers generally have broad freedom to terminate employees at any time, with the exceptions mentioned above.

• Illegal Discrimination
• Exercising Legal Rights
• Refusal of Illegal Activity
• Whistleblower Retaliation

Workers’ Compensation Benefits in VA

If you have been injured on-the-job, you are most likely eligible for benefits through workers’ compensation. However, this system can be notoriously difficult to navigate. Many workers have their claims denied, or their benefits minimized for unfair reasons. Having a Virginia workers' compensation attorney on your side can make all the difference in the success of your workers’ compensation claim – or your appeal.

Kalfus & Nachman PC has been representing hard-working people like you for three decades throughout Norfolk, Newport News, and Roanoke, Virginia. If you believe your employer is breaking employment law or cheating you out of fair wages or benefits, contact us today to schedule a free, private consultation!