9.1-701 - Overtime compensation rate. - Virginia Statutes

§ 9.1-701. Overtime compensation rate.

A. Employers shall pay fire protection or law-enforcement employees overtimecompensation or leave, as under the Fair Labor Standards Act, 29 U.S.C. § 207(o), at a rate of not less than one and one-half times the employee's regularrate of pay for all hours of work between the statutory maximum permittedunder 29 U.S.C. § 207 (k) and the hours for which an employee receives hissalary, or if paid on an hourly basis, the hours for which the employeereceives hourly compensation. A fire protection or law-enforcement employeewho is paid on an hourly basis shall have paid leave counted as hours of workin an amount no greater than the numbers of hours counted for other fireprotection or law-enforcement employees working the same schedule who arepaid on a salaried basis in that jurisdiction.

B. Nothing in this chapter shall be construed to affect the right of anyemployer to provide overtime compensation to fire protection orlaw-enforcement employees in an amount that exceeds the amounts required bythis section.

C. The provisions of this section pertaining to law-enforcement employeesshall only apply to employers of 100 or more law-enforcement employees.

(2001, c. 768, § 2.1-116.9:8; 2005, c. 732.)