Required in Virginia — additional to federal requirements
Virginia Tipped Employee Wage Compliance
Tipped employee wage compliance procedures for Virginia restaurants.
What this document covers
Virginia has specific rules for tipped employee compensation: $2.13/hr direct wage with tip credit (tips must bring total to $12.41/hr; tipped wage increases proportionally with state minimum). This document covers tip credit calculations, tip pooling rules, required notices to employees, and record-keeping specific to Virginia law.
Key sections included
- State tipped minimum wage rate
- Tip credit notice requirements
- Tip pooling rules and restrictions
- Tip credit calculation worksheet
- Service charge vs tip distinctions
- Record-keeping requirements
- Employee acknowledgment forms
Frequently asked questions
What is the tipped minimum wage in Virginia?
$2.13/hr direct wage with tip credit (tips must bring total to $12.41/hr; tipped wage increases proportionally with state minimum).
Who can participate in a tip pool?
Under federal law, only employees who customarily receive tips can participate. Virginia may have additional restrictions — check current state guidance.
Document details
- State
- Virginia
- Legal basis
- Virginia Code Title 40.1 (Labor and Employment); FLSA §3(m)
- Enforced by
- Virginia Department of Labor and Industry (DOLI)
- Penalty for absence
- Back wages, liquidated damages, and penalties under Virginia Code Title 40.1 (Labor and Employment). Class action risk for tip credit violations.
- Category
- Employment & HR
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Virginia Tipped Employee Wage Compliance
Legal Reference
Virginia Code Title 40.1 (Labor and Employment); FLSA §3(m). Enforced by Virginia Department of Labor and Industry (DOLI).
1. State tipped minimum wage rate
2. Tip credit notice requirements
3. Tip pooling rules and restrictions
4. Tip credit calculation worksheet
+ 3 more sections...
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