WAGE AND HOUR DEMAND LETTER
Commonwealth of Virginia
Virginia Wage Payment Act and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Virginia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Virginia State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Virginia Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Virginia Wage Payment Act, Va. Code Section 40.1-29, the Virginia Overtime Wage Act, Va. Code Section 40.1-29.2, the Virginia Minimum Wage Act, Va. Code Section 40.1-28.8 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. VIRGINIA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Virginia has significantly strengthened its wage and hour protections in recent years, including enacting its own overtime law and increasing the minimum wage. Virginia now provides treble damages for wage theft violations.
Key Legal Framework:
| Category | Virginia Requirement | Citation |
|---|---|---|
| Minimum Wage | $12.00/hour (effective 2023) | Va. Code Section 40.1-28.10 |
| Tipped Minimum | $2.13/hour (with tip credit) | Va. Code Section 40.1-28.9:1 |
| Overtime (State) | 1.5x regular rate after 40 hours/week | Va. Code Section 40.1-29.2 |
| Overtime (FLSA) | 1.5x regular rate after 40 hours/week | 29 U.S.C. Section 207 |
| Treble Damages | Available for wage violations | Va. Code Section 40.1-29(J) |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Virginia wage claims | 3 years | Va. Code Section 40.1-29(L) |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract | 5 years | Va. Code Section 8.01-246 |
C. Virginia Wage Payment Requirements
Payment Timing Requirements (Va. Code Section 40.1-29):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | On regular paydays designated in advance | Va. Code Section 40.1-29(A) |
| Pay frequency | At least semi-monthly (hourly) | Va. Code Section 40.1-29(A) |
| Involuntary termination | Next regular payday | Va. Code Section 40.1-29(A.1) |
| Voluntary resignation | Next regular payday | Va. Code Section 40.1-29(A.1) |
Payroll Deductions (Va. Code Section 40.1-29(C)):
- Written authorization required
- Must be for lawful purpose
- Cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Virginia Department of Labor and Industry
- Labor and Employment Law Division
- File complaint at doli.virginia.gov
Private Right of Action (Va. Code Section 40.1-29(J)):
- Direct lawsuit in state or federal court
- Unpaid wages plus treble damages for knowing violations
- Reasonable attorney's fees and costs
- 3-year statute of limitations
E. Virginia Tip Credit Rules
| Requirement | Standard | Citation |
|---|---|---|
| Cash wage minimum | $2.13/hour | Va. Code Section 40.1-28.9:1 |
| Tip credit maximum | $9.87/hour | Va. Code Section 40.1-28.9:1 |
| Total must equal | $12.00/hour minimum | Va. Code Section 40.1-28.10 |
| Notice required | Yes | Va. Code Section 40.1-28.9:1 |
| Tip pooling | Valid for customarily tipped employees | Federal and state rules |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Virginia. During this employment, [Company Short Name] violated Virginia wage laws by:
[ ] Failing to pay the Virginia minimum wage of $12.00 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay wages on regular paydays as required by Virginia law
[ ] Failing to pay final wages by the next regular payday
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
Under Virginia law, knowing violations entitle our client to treble damages.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Virginia] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Virginia Wage Payment Act Violations
1. Wage Payment Requirements (Va. Code Section 40.1-29)
Virginia requires employers to pay wages on regular paydays and provide written notice of pay rates. [Describe any violation.]
2. Knowing Violation - Treble Damages (Va. Code Section 40.1-29(J))
Where an employer knowingly fails to pay wages, the employee is entitled to treble damages. [Company Short Name]'s violations were knowing because [describe evidence].
B. Virginia Overtime Wage Act Violations (Va. Code Section 40.1-29.2)
Virginia enacted its own overtime law effective July 1, 2021. Employers must pay 1.5 times the regular rate for hours worked over 40 in a workweek, with exemptions similar to FLSA.
C. Virginia Minimum Wage Act Violations (Va. Code Section 40.1-28.10)
Virginia requires a minimum wage of $12.00 per hour. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
D. FLSA Violations
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Overtime Requirements (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
V. DAMAGES CALCULATION
A. Virginia and FLSA Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Virginia Treble Damages (3x for knowing violation) | $[Amount] |
| OR FLSA Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class/Collective Action Exposure
If this case proceeds as a collective or class action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Treble/Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Treble damages / liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Virginia Circuit Court, [City/County]
[ ] United States District Court for the Eastern District of Virginia
[ ] United States District Court for the Western District of Virginia
The Complaint will seek:
1. Unpaid wages under Virginia law and FLSA
2. Virginia overtime under Va. Code Section 40.1-29.2
3. Treble damages under Va. Code Section 40.1-29(J)
4. FLSA liquidated damages under 29 U.S.C. Section 216(b)
5. Attorney's fees and costs
6. Collective/class certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOLI investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Virginia State Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
VIRGINIA-SPECIFIC PRACTICE NOTES
[ ] Treble Damages: Va. Code Section 40.1-29(J) provides treble damages for knowing violations - very powerful claim
[ ] State Overtime Law: Virginia enacted state overtime law (Va. Code Section 40.1-29.2) effective July 1, 2021
[ ] $12.00 Minimum Wage: Virginia minimum wage is $12.00/hour as of 2023
[ ] 3-Year State SOL: Virginia wage claims have 3-year statute of limitations
[ ] Department of Labor and Industry: Virginia DOLI handles wage complaints
- Website: doli.virginia.gov
- Phone: (804) 371-2327
[ ] At-Will State: Virginia is at-will; Bowman v. State Bank of Keysville recognizes narrow public policy exception
[ ] Court Venue:
- Circuit Court: Primary venue for state claims
- Eastern District (Richmond, Norfolk, Alexandria): Eastern Virginia
- Western District (Roanoke, Charlottesville): Western Virginia
[ ] Recent Law Changes: Virginia significantly expanded wage protections in 2020-2021; verify current law
[ ] Right to Work: Virginia is a right-to-work state; Va. Code Section 40.1-58 et seq.
[ ] Northern Virginia: Consider local employment practices; many federal contractors with specific requirements