Virginia Overtime and Meal & Rest Break Laws for Nurses

Under Virginia law, which adheres to the federal Fair Labor Standards Act (FLSA), most hourly employees are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the FLSA). In accordance with federal laws, Virginia does not require overtime pay for an employee who works longer than eight hours in a single shift as long as the weekly total does not exceed 40 hours.

Virginia has not enacted specific legislation with respect to nurse meal and rest breaks. No employer is required to provide meal and rest breaks to any employee regardless of the nature of employment or length of shift. If an employer agrees to provide personal rest breaks that are 20 minutes or shorter in duration, the break must be part of the work day and compensable. Meal breaks of 30 minutes or longer may be unpaid unless the employer requires the worker to eat while on duty- a common practice among many members of the nursing profession.
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