Virginia Employment Lawyer and Social Security disability Attorney

Areas of Practice

Initial Consultations

If you would like to discuss your employment or disability related concerns, call 804-440-6557 to schedule an initial consultation. You will meet directly with attorney D. Scott Gordon for an extended evaluation of your issues, not an inexperienced paralegal.

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Virginia Wage Law


Unpaid Wages

The basic rules for the payment and timing of wages in Virginia is governed by Virginia Code Section 40.1-29. In particular:

  • Employers must establish regular pay periods and rates of pay for all employees except executive personnel.
  • Employers must pay salaried employees at least once each month.
  • Employers employees must pay most hourly employees at least once every two weeks or twice in each month.
  • Upon termination of employment, employers must pay out all due wages or salaries on or before the date on which the employee would have been paid for such work had employment not been terminated.
  • Employer's may not withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee.
  • Employers must provide a written statement, by a paystub or online accounting, that informs the employee of the basis for calculating their wages and deductions, including hours worked and the applied rate of pay.
  • Employers may not require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment.

    • *Additional rules pertain to overtime and minimum wage laws.

    As recently amended, The Virginia Wage Statute now contains a private cause of action that allows you to bring a direct civil action in court to recover double or triple damages and attorney fees. This private cause of action represents a significant enhancement of prior remedies to recover unpaid wages, which traditionally had been limited to simple contract law. Under the new amendments, employees can now pursue unpaid wage claims in court and recover the full amount owed in additional to their attorney fees. If your prior employer has not paid your final wages by you next regular pay date or asserts an unauthorized deduction to avoid payment, you should consult with an attorney to determine the proper course of action.

    If you do not wish to proceed directly with court action, Employees also can file administrative complaints with the Virginia Department of Labor and Industry.


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    Misclassification

    Virginia also recently passed a new law regarding employee misclassification, aimed at cracking down on employers who classify their workers as independent contractors instead of employees. Under the new law, an individual who performs services for a person for payment shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the IRS guidelines. IRS considerations incluude whether a worker is free from control and direction, performs work that is outside the usual course of the employer's business, and is customarily engaged in an independently established trade, occupation, profession, or business.

    The intent of the law is to ensure that workers receive the benefits and protections that are afforded to employees, such as minimum wage and overtime pay, workers' compensation, and unemployment insurance. Misclassified individuals may bring a civil action for individual damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual