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Legal Update Article

Virginia Clarifies New Requirement for Wage Payment Statements Applies 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 non-exempt.

An amendment to Virginia Code § 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:

  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.

The law took effect on January 1, 2020. (For details, see our article, Change to Virginia Wage Payment Statements on the Horizon.)

Many employers wondered whether the amendment applies to exempt and non-exempt 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 piece work employees.

The Virginia DOLI also stated that for salaried, piece work employees, and others who are not traditionally paid on an hourly basis, it would not enforce the requirement until July 1, 2020. The delay in the enforcement of this policy applies only to the hours-of-work requirement, not to any other provisions of § 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.

Please contact a Jackson Lewis attorney with questions about this or other workplace issues.

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