Are employers allowed to set a different hourly wage for part-time and full-time employees?

In Virginia, employers are allowed to set different hourly wages for part-time and full-time employees. The Virginia Minimum Wage Act sets the minimum wage for most employees in the state; however, there are certain exceptions for workers who make a certain amount in tips, work for certain kinds of employers, or are part-time or seasonal employees. For employers who are not subject to the Virginia Minimum Wage Act, they can set different wages for part-time and full-time employees. This exception applies to employers who are subject to the Fair Labor Standards Act (FLSA). Federal law does not require the same minimum wage for all types of employees; instead, it requires employers to pay a regularly hourly wage that is at least the applicable minimum wage rate. Employers may choose to pay part-time employees a lower wage than full-time employees as long as the difference is based on a reasonable factor unrelated to the employees’ sex. This difference might reflect the difference in the duties of the full-time and part-time employees or the amount of experience or different rates of pay in the labor market. Nevertheless, employers must observe the Virginia Minimum Wage Act for full-time and part-time employees and the applicable minimum wage rate set by the federal government. Employers must also ensure they comply with all applicable federal and state laws pertaining to wages and hours, including the Virginia Minimum Wage Act and the Fair Labor Standards Act.

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Are employers allowed to set a different hourly wage for part-time and full-time employees?

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