1. If an employee has not been paid all of his earned wages how can he obtain assistance?
   The Labor and Employment Law Division investigates wage claims, collects unpaid wages, and enforces the Payment of Wage Law. Virginia Code Section 40.1-29 Employees may obtain wage claim forms from any of DOLI's Regional Offices or online.
2. How does an employer have to pay employees?
   Employers must establish regular paydays and rates of pay for each employee, and it is a violation of law not to pay all wages due on the established payday. Hourly employees must be paid at least once every two weeks or twice a month; and salaried employees must be paid at least once each month. These requirements do not apply to executive personnel. Virginia Code § 40.1-29(A)(1).
3. When an employee terminates, when are his final wages due?
   Final wages must be paid on or before the next regular payday on which the employee would have been paid had he remained employed. Virginia Code § 40.1-29 (A)(1).
4. Can an employer reduce an employee's rate of pay?
   Yes; an employer can reduce an employee's rate of pay provided the reduction does not bring an employee's wage below the applicable federal or state minimum wage. Also, an employer must notify the affected employee prior to his being allowed or required to perform work at the reduced rate; the employee has the right to accept the lower rate or quit.
5. What is the minimum wage rate?
   The minimum wage rate under both the federal Fair Labor Standards Act ("F.L.S.A.") and state minimum wage law is $7.25 per hour. There are exceptions for certain categories of employees; the exceptions are not the same under federal and state law. Most employers are covered by the F.L.S.A.; very small employers who do not meet the annual revenue or interstate commerce requirements are covered by the state law. Virginia Code § 40.1-28-10.
6. What is the overtime law, and who enforces it?
   Generally, time-and-a-half must be paid for all hours over 40 hours a week, but there are exceptions. Time-and-a-half for overtime is required not by state law, but by the federal Fair Labor Standards Act, enforced by the United States Department of Labor, Wage and Hour Division. Overtime claims should be made directly to the federal Wage and Hour Division at the closest regional office, or at the Richmond District Office. You may also contact the United States Department of Labor at 1-866-4-US-WAGE.

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