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Employee Classification: Virginia

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Marc Smith, Smith, Lease & Goldstein, LLC


  • Several types of workers are excluded from the definition of employee under the Virginia Minimum Wage Act and are therefore exempt from the law's minimum wage requirements. See Minimum Wage Exemptions.
  • The Virginia Overtime Wage Act is aligned with the federal Fair Labor Standards Act (FLSA). As a result, employees exempt from overtime requirements under federal law also will be exempt under Virginia law, with an exception for certain transportation employees. See Overtime Exemptions.