Title 40.1. Labor and Employment
Chapter 3. Protection of Employees
§ 40.1-29.3. Overtime for certain employees.
A. As used in this section:
"Carrier" means an air carrier that is subject to the provisions of the federal Railway Labor Act, 45 U.S.C. § 181 et seq.
"Derivative carrier" means a carrier that meets the two-part test used by the federal National Mediation Board to determine if a carrier is considered a derivative carrier.
"Direct support services" means personal care services that assist participants with instrumental activities of daily living, such as grooming, toileting, bathing, eating, dressing, monitoring health status and physical condition, and assisting with housekeeping activities, and other in-home, long-term services and supports provided to an elderly person or person with a disability.
"Employee" means an individual employed by a derivative carrier or an individual who is employed by a home care agency or other third-party provider to provide direct support services.
"Employer" has the same meaning as provided in 29 U.S.C. § 203.
B. An employer shall pay each employee an overtime premium at a rate not less than one and one-half times the employee's regular rate for any hours worked by an employee in excess of 40 hours in any one workweek. An employee's regular rate shall be calculated as the employee's hourly rate of pay plus any other non-overtime wages paid or allocated for that workweek, excluding any amounts that would be excluded from the regular rate by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and its implementing regulations for an individual covered by such federal act, divided by the total number of hours worked in that workweek.
C. If an employer fails to pay overtime wages to an employee in accordance with this section, the employer shall be liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to subsection K of § 40.1-29
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