September 18, 2019

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Change to Virginia Wage Payment Statements on the Horizon

Beginning January 1, 2020, employers in Virginia must provide paystubs to employees on “each regular pay date.”

Currently, Virginia employers must provide only a written statement reflecting the employee’s gross wages and deductions upon the employee’s request.

New Requirements

Virginia Code § 40.1-29 has been amended to require employers to provide employees with a written statement, by paystub or online accounting, showing the following:

  1. The name and address of the employer;

  2. The number of hours worked during the pay period;

  3. The rate of pay;

  4. The gross wages earned by the employee during the pay period; and

  5. The amount and purpose of any deductions.

Employers Covered

The new law applies to an employer, including any individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy, doing business in or operating within Virginia who employs another to work for wages, salaries, or on commission, as well as any similar entity acting directly or indirectly in the interest of an employer in relation to an employee.

Excluded from the new law are employers engaged in agricultural employment, including agribusiness and forestry. These employers must produce only wage statements reflecting gross wages earned and the amount and purpose of any deductions upon an employee’s request.

Employees Covered

Virginia Code § 40.1-29 does not distinguish between exempt and non-exempt employees. Rather, it applies to all employees, defined by Virginia Code § 40.1-2 as any person who, in consideration of wages, salaries, or commissions, may be permitted, required, or directed by any employer to engage in any employment directly or indirectly.

Therefore, employers must provide wage statements to exempt employees as well as non-exempt employees.

Penalties

The penalties provision of the statute does not expressly address whether it applies to a failure to provide the required wage statement. However, it is so broadly worded that it may be interpreted to allow a complainant to file a complaint with the Attorney General for a violation of the amendment, and the Attorney General may investigate the complaint.

 

Jackson Lewis P.C. © 2019

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About this Author

Kristina Vaquera Labor & Employment Attorney
Partner

Kristina H. Vaquera is a Principal in the Norfolk, Virginia, office of Jackson Lewis P.C. Her practice focuses exclusively on labor and employment counseling and litigation.

Ms. Vaquera represents employers in federal and state court lawsuits and agency investigations and charges covering a wide range of statutes and subjects, including anti-discrimination and civil rights laws, wrongful termination claims, disability accommodation and access, wage and hour laws, covenants not to compete, leave of absence claims, negligent hire/retention, and breaches of...

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Milena Radovic Employment Litigation Lawyer Jackson Lewis Law Firm
Associate

Milena Radovic is an Associate in the Norfolk, Virginia, office of Jackson Lewis P.C.

Prior to joining Jackson Lewis, Ms. Radovic was a prosecutor in the Office of the Norfolk Commonwealth’s Attorney.

While attending law school, Ms. Radovic served as a Manuscript Editor of the Richmond Journal of Law and Technology. As a member of the University of Richmond School of Law Trial Advocacy Board, Ms. Radovic competed and finished as an advancing finalist in the Virginia Trial Lawyers Association Trial Advocacy Tournament and regional runner-up in the American Association for Justice Regional Trial Advocacy Tournament. During law school, Ms. Radovic performed more than 120 hours of pro bono service and received the Pro Bono Certificate from the Harry L. Carrico Center for Pro Bono & Public Service. Ms. Radovic externed for the Employment Unit of the Virginia Office of the Attorney General, worked as teaching assistant for Appellate Advocacy, and was a research assistant for Professor Ann C. Hodges.

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