Ensuring proper FLSA exempt classification in Virginia requires meeting a $684/week federal salary threshold.
Virginia's wage and hour laws, particularly the Virginia Overtime Wage Act (VOWA), generally mirror federal FLSA exemptions. Employers must ensure employees meet both the federal salary basis test of $684 per week and the applicable duties test to qualify for exempt status, protecting against overtime liabilities.
FLSA $684/wk Exempt Classification
Validates exempt against $684/week federal salary basis + duties test. VOWA incorporates federal exemptions.
What those rules do as a Virginia shift is created.
Teambridge automatically assesses potential FLSA exempt classifications based on job roles, proposed compensation, and historical data, flagging any discrepancies that could lead to misclassification and overtime liability under both federal and state law.
Salary Threshold Check
When a new role or compensation plan is entered, Teambridge verifies if the proposed salary meets the federal minimum of $684 per week ($35,568 annually). If below, the system flags the role as potentially non-exempt, even if duties appear exempt.
Duties Test Guidance
For roles meeting the salary threshold, Teambridge prompts for confirmation of executive, administrative, professional, or outside sales duties, providing quick reference guides to federal FLSA definitions to aid accurate self-assessment by managers.
Overtime Risk Mitigation
By preventing misclassification at the point of hire or role change, Teambridge helps avoid retroactive overtime claims and penalties, which can include treble damages under Virginia's revised wage statutes (HB 238, effective July 1, 2026).
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Virginia's FLSA exempt classification rules largely mirror federal standards.
The Virginia Overtime Wage Act (VOWA), codified in § 40.1-29.3 of the Code of Virginia, explicitly states that federal overtime exemptions under the FLSA shall apply. This means that to classify an employee as exempt from overtime, employers in Virginia must satisfy both the federal salary basis test and the federal duties test.
Code of Virginia § 40.1-29.3(B)
"The exemptions to the federal Fair Labor Standards Act of 1938, as amended, and any regulations adopted pursuant thereto, including the exemptions for bona fide executive, administrative, and professional employees, shall apply to the provisions of this section."
Federal Salary Basis Test
As of 2026, the federal minimum salary threshold for most FLSA exemptions (executive, administrative, professional) is $684 per week, which equates to $35,568 annually. Employees must be paid on a salary basis, meaning they receive a predetermined amount of compensation each pay period, regardless of the quality or quantity of work performed.
Failure to meet this salary threshold automatically renders an employee non-exempt, regardless of their job duties. Virginia law does not impose a higher state-specific salary threshold; therefore, the federal standard prevails.
Federal Duties Test
In addition to the salary test, employees must primarily perform specific job duties as defined by federal regulations for executive, administrative, or professional (EAP) exemptions. These duties are typically described as:
- Executive: Primary duty is managing the enterprise or a recognized department/subdivision, customarily and regularly directing the work of two or more other employees, and having authority to hire/fire or make recommendations.
- Administrative: Primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or its customers, and which includes the exercise of discretion and independent judgment with respect to matters of significance.
- Professional: Primary duty is the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction, or creative work in an artistic field.
Employers must carefully review job descriptions and actual work performed to ensure employees meet these stringent criteria, as misclassification can lead to significant penalties, especially under Virginia's strengthened wage enforcement laws.
Teambridge ensures FLSA exempt classifications align with Virginia law.
Teambridge integrates the federal salary threshold and duties test requirements directly into its platform, providing automated checks and guidance to prevent misclassification and streamline compliance with Virginia's VOWA. This includes staying current with federal adjustments to the salary threshold.
Automatic Threshold Enforcement
Teambridge's compensation module automatically flags any proposed salary for a role designated as exempt that falls below the current federal (and thus Virginia) threshold of $684/week, ensuring compliance at the point of offer.
Guided Classification Workflows
For roles meeting the salary threshold, Teambridge provides interactive checklists and clear definitions of FLSA executive, administrative, and professional duties within its role creation and management workflows, assisting managers in accurate classification.
Documented Compliance Decisions
Every classification decision and its supporting rationale (salary, duties assessment) is logged and auditable within Teambridge, providing a robust defense in the event of a wage claim or audit under Virginia's Department of Labor and Industry.
Adapting to Regulatory Changes
As federal FLSA salary thresholds are updated, Teambridge automatically incorporates these changes, removing the burden from employers to manually track and implement new compliance requirements for Virginia exemptions.
People also ask.
What is the minimum salary for exempt employees in Virginia?
The minimum salary for most exempt employees in Virginia is currently $684 per week ($35,568 annually). This is the federal FLSA threshold, which Virginia has adopted through the Virginia Overtime Wage Act (VOWA).
Does Virginia have its own duties tests for exemptions?
No, Virginia's Overtime Wage Act (VOWA) explicitly incorporates the exemptions of the federal Fair Labor Standards Act (FLSA). Therefore, employers in Virginia must apply the federal duties tests (executive, administrative, professional, etc.) to determine if an employee qualifies for an exemption.
What happens if an exempt employee in Virginia doesn't meet the salary threshold?
If an employee designated as exempt does not meet the federal salary threshold of $684 per week, they are automatically considered non-exempt, regardless of their job duties. This means they would be entitled to overtime pay for all hours worked over 40 in a workweek.
Can misclassifying an employee as exempt lead to penalties in Virginia?
Yes, misclassifying an employee as exempt can lead to significant penalties. Under Virginia's strengthened wage laws (HB 238, effective July 1, 2026), employers found to have knowingly misclassified employees may be liable for the unpaid wages, liquidated damages, and potentially treble damages, along with attorney's fees.
Are there any state-specific exemptions in Virginia?
While VOWA generally mirrors federal exemptions, it's important to note that specific industries or roles might have unique considerations. For instance, the VOWA specifically carves out "derivative carriers" from certain overtime requirements. However, for the standard executive, administrative, and professional exemptions, federal rules apply.
How does the "salary basis" requirement work for exempt employees?
To be paid on a "salary basis," an exempt employee must receive a predetermined, fixed amount of compensation each pay period, which cannot be reduced due to variations in the quality or quantity of work performed. There are limited exceptions for permissible deductions, but generally, the employee must receive their full salary for any week in which they perform any work, regardless of hours.