What is the Virginia wage claim statute of limitations?

3 years (5 if willful, criminal), running from the date wages were due. Each missed paycheck is a separate claim with its own SOL.

What form do I use to file a Virginia wage claim?

Payment of Wage Complaint, filed with the VA Department of Labor and Industry. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly.

Can I file in state and federal court at the same time?

Yes. The Virginia state wage claim runs separately from the federal FLSA claim (2-year SOL, 3 if willful). You can file both. Discrimination claims also run on a separate EEOC clock (180 days; 300 in deferral states).

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Virginia · Labor & employment

How to file a wage claim in Virginia.

Filed with the VA Department of Labor and Industry. Form: Payment of Wage Complaint. Statute of limitations: 3 years (5 if willful, criminal).

Statute of limitations

3 years (5 if willful, criminal)

Final pay deadline

Next regular payday.

Damages

Treble damages + attorney fees + criminal penalties for willful violations (VA Wage Payment Act, amended 2020).

Calculate your specific deadline

Enter the date wages were due → get the deadline for Virginia, federal FLSA, EEOC charge, and NLRB ULP.

Open SOL calculator

What this form covers

VA Wage Payment Act amended 2020 — VA now has one of the most plaintiff-favorable wage regimes in the South.

File the form

The Payment of Wage Complaint is the canonical wage-claim form for Virginia. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

Fill the form — $9.99 All Labor & Employment forms

Filing more than this one form?

The Payment of Wage Complaint is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

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Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from Virginia’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like CA, NY, IL, etc.).

· FLSA wage claim: DOL WH-31
· EEOC discrimination charge: EEOC Form 5
· NLRB unfair labor practice: NLRB-501
· OSHA workplace hazard: OSHA-7

Wage claim guides for nearby states

California

Division of Labor Standards Enforcement (DLSE) · SOL 3 years (Lab. Code § 1194)

Texas

Texas Workforce Commission (TWC) Labor Law Section · SOL 180 days from when wages were due (Texas Payday Law)

New York

NYS Department of Labor · SOL 6 years (NY Labor Law § 196)

Florida

Florida Commission on Human Relations (employment discrimination only) · SOL 365 days for FCRA discrimination charges

Utah

Utah Labor Commission, Wage Claim Unit · SOL 2 years (Utah Code § 34-28-9)

Arizona

Industrial Commission of Arizona Labor Department · SOL 1 year (state); 2 years FLSA (3 if willful)

See all 21 state guides

Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

Free tool

EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the VA Department of Labor and Industry or a licensed Virginia attorney before filing.