We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Employers are now liable for unpaid overtime wages plus liquidated damages and interest. The old version of the law failed to punish employers that did not properly pay wages … As such, Virginia employees were often victimized and without proper recourse to recover their wrongfully withheld wages. The Governor proposes to increase the minimum wage … “The law passed on the right to the worker, not the company. The employee had to file an administrative claim with the Virginia Department of Labor and Industry (DOLI) instead. Under the amended wage theft law in Virginia, signed in April 2020, Virginia employers now have reason to fear substantial legal and financial consequences for stealing wages. Virginia’s regular 2020 legislative session enacted many new laws 838) amending Virginia’s wage payment statute (Va. Code § 40.1-29). Not … Not paying the overtime premium for hours worked over 40. The pay transparency law is one of the many substantial changes Virginia has made to its discrimination, minimum wage, wage theft, and employee misclassification laws thus far in 2020. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the first time creates a private right of action for Virginia employees to sue for allegedly unpaid wages. The labor regulators can expand an investigation where evidence is uncovered that creates a “reasonable belief” that wage theft is more widespread than just the reported incident described in the complaint. See McGuireWoods alerts discussing LGBTQ Along with a number of other employer friendly laws passed this summer (Values Act and Wage Theft Law), Virginia has joined Maryland in prohibiting non-compete agreements with certain “low” wage workers.What is a non-compete agreement? WHAT WE DO Wage theft occurs when unethical employers break either federal or state laws by: Not paying the minimum wage. By Dallas Hammer and Katherine Krems. The amount of the civil penalty is determined based on the employer’s size and the gravity of the violation. Minimum Wage. Importantly, “knowingly” does not require proof of intent to defraud; actual knowledge, deliberate ignorance and reckless disregard are each sufficient to establish that the employer acted “knowingly.”. The old version of the law failed to punish employers that did not properly pay wages that were due. enacting "wage theft laws" that aim to increase employer compliance with the law. RICHMOND, Va. (WRIC) — Laborers hired to work on some of Virginia’s major construction projects, including the new General Assembly Building and Virginia Commonwealth University’s new outpatient facility in Richmond, are accusing the subcontractors that employed them of wage theft in two federal … The Wage Theft Law grants all Virginia employees the right to hold employers accountable in court, along with other rights. For some businesses too small to be covered by this federal law, the Virginia Minimum Wage Act sets a minimum wage … 801 Cherry Street, Suite 2365 The attorneys listed on this site are NOT board certified. Wage theft is prohibited by federal law and several states have enacted additional state laws that are designed to further prevent and stop wage theft. COMMON VIOLATIONS Furthermore, the investigation can be expanded both to other employees in the workplace and to other potential labor violations concerning the worker who filed the initiating complaint. The new wage theft law also has “teeth” in that it grants all Virginia employees the right to file suit against their employer, individually or collectively, to recover unpaid wages. In addition to recovery of all wages owed plus 8 percent pre-judgment interest, the Wage Theft Law permits recovery of liquidated damages in an amount equal to the wages owed and reasonable attorney fees and costs. Finally, the new law enhances potential criminal penalties for wage theft where the theft was done “willfully and with the intent to defraud.” This is a higher standard than “knowingly.” Employers who intentionally steal wages can be found guilty of a misdemeanor (for amounts less than $10,000) and for a felony (for amounts higher than $10,000). Employers break either federal or state laws by: not paying the overtime premium for hours worked over 40 seriously. 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