Virginia's New Wage Statement Requirements Apply to All Employees

The Virginia Department of Labor and Industry (DOLI) has clarified that the requirement to provide employees with a detailed, written statement for each regular pay date applies to all employees, regardless of whether they are exempt or nonexempt.

An amendment to Virginia Code Section 40.1-29 (Virginia Payment of Wage Law) adopted in 2019 requires employers to provide employees with a written statement, by paystub or online accounting, showing the following:

• The name and address of the employer.
  
• The number of hours worked during the pay period.
• The rate of pay.
• The gross wages earned by the employee during the pay period.
• The amount and purpose of any deductions.

The law took effect on Jan. 1. Many employers wondered whether the amendment applies to exempt and nonexempt employees, as the code section failed to distinguish between the two when the amendment passed. In response, the Virginia DOLI issued an announcement explaining that the law applies to all employees, even those who are not paid on an hourly basis, such as salaried and piecework employees.

The Virginia DOLI also stated that for salaried and piecework employees and others who are not traditionally paid on an hourly basis it would not enforce the requirement until July 1. The delay in the enforcement of this policy applies only to the hours-of-work requirement, not to any other provisions of Section 40.1-29.

Employers affected by the new law should review and update their payroll practices to ensure compliance. They also should review and revise any employee handbook policies dealing with wage statements or timekeeping.

Kristina H. Vaquera and Milena Radovic are attorneys with Jackson Lewis in Norfolk, Va. © 2020 Jackson Lewis. All rights reserved. Reposted with permission.