Is it legal to pay workers working abroad different wages than domestic workers?
In Virginia, it is not legal to pay workers working abroad different wages than domestic workers. The federal protections on minimum wages and other labor rights, like overtime pay, are guaranteed to all workers regardless of where they are physically located. This is because the Fair Labor Standards Act, or FLSA, is a federal law that applies uniformly to all workers covered under it. This means that anyone who is working in the United States, including those working remotely from abroad, must receive the same wage and hour protections as domestic workers. This applies to both American workers and foreign workers. Additionally, some states, such as Virginia, have wage and hour laws that are even more stringent than the federal law. Virginia has a minimum wage that is higher than the federal law, and employers must pay their workers the higher of the two minimum wages. Furthermore, Virginia does not allow employers to pay their employees less than minimum wage, regardless of where they are located. Therefore, while employers can pay workers in another country to perform work, Virginia law requires that the wages paid to those workers must be equal to those paid to domestic workers. Failing to comply with this law can have serious legal consequences, including financial penalties, so it is important to make sure that wages comply with both federal and state law.
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