The Virgin Islands (U.S.) follows the federal regulations outlined in the Fair Labor Standards Act (FLSA), with some territorial modifications. The standard workweek in the Virgin Islands is 40 hours. This is in accordance with the US Virgin Islands Code Title 24, § 20(a)(2).

The U.S. Virgin Islands has its own set of labor laws regarding overtime work, which differ slightly from the federal Fair Labor Standards Act (FLSA). Here's a breakdown of the key rules and compensation for overtime work in the territory:

Overtime Thresholds

• Daily Overtime: Employees are entitled to overtime pay for any hours worked beyond 8 hours in a single workday.

• Weekly Overtime: Employees are also entitled to overtime pay for all hours worked over 40 hours in a workweek. This includes any hours worked on the sixth and seventh consecutive days of work.

In the tourist and restaurant industries specifically, the overtime threshold for the sixth consecutive day is waived. This means employees in these sectors must be paid overtime for any hours worked over 40 in a workweek, regardless of the number of consecutive days worked.

Overtime Pay Rate

Employees entitled to overtime pay must be compensated at a rate of one and one-half times their regular rate of pay for all overtime hours worked. For example, if an employee's regular hourly rate is $10.50 (the minimum wage in the U.S. Virgin Islands), their overtime pay rate would be $15.75 ($10.50 x 1.5).

Exempt Employees

Some employees are exempt from overtime pay requirements under Virgin Islands law. These exemptions are generally similar to the federal exemptions under the FLSA and typically apply to employees in executive, administrative, or professional capacities who meet certain salary level thresholds. It's important to consult with the Virgin Islands Department of Labor or an employment attorney to determine if your specific job duties qualify for an exemption.

In the U.S. Virgin Islands, the law mandates certain rest periods and breaks for employees, ensuring they have time to rest and recharge during their workday.

Under Virgin Islands Act No. 6524, employers must provide paid rest periods of at least ten minutes within each four hours of continuous work, with some exceptions. For instance, employers are not required to provide rest periods for employees whose total daily work time is less than four hours. Additionally, rest periods cannot be added to a meal period or taken at the beginning or end of the work shift.

Employees may voluntarily agree to forgo any rest period or meal period. However, the burden of proof lies with the employer to demonstrate a written agreement exists between them and the employee.

While there is no legal mandate for meal periods in the Virgin Islands, employers are required to comply with any provisions outlined in a written contract or collective bargaining agreement that specifies them.

If an employee feels their employer is violating their rest period entitlements, they can file a complaint, in writing, with the Virgin Islands Department of Labor, Division of Labor Relations.

In the U.S. Virgin Islands, the Department of Labor (VIDOL) acknowledges the potential disruption caused by night and weekend work. While there are no specific regulations for these schedules, general labor laws apply to all work schedules, including nights and weekends.

Relevant Regulations:

Overtime Compensation

Employees working beyond 8 hours in a single workday or over 40 hours in a workweek are entitled to overtime pay at a rate of one and one-half times their regular rate. This applies regardless of the day(s) worked, including nights and weekends.

Certain employees may be exempt from overtime pay requirements based on their job duties and salary level. It is advisable to consult VIDOL or an employment attorney to determine if exemptions apply.

Rest and Meal Periods

Under Virgin Islands Act No. 6524, employers must provide paid rest periods of at least ten minutes within each four hours of continuous work, with some exceptions. This applies regardless of the time of day or day of the week the work is performed.

There is no legal mandate for meal periods, but employers must adhere to any provisions outlined in a written contract or collective bargaining agreement that specifies them.

Additional Considerations

While not mandated by law, some employers in the Virgin Islands may offer night differential pay to compensate employees for working night shifts. This is typically a percentage increase on the regular hourly rate.

There are no legal restrictions on the number of hours an employee can work on weekends. However, overtime pay regulations still apply if total hours worked exceed the thresholds.

For further details and specific inquiries, it is recommended to refer to the Virgin Islands Department of Labor - Employee Rights and ACT NO. 6524 - An Act Relative to Minimum Fair Wages and Standard Hours of Labor in the Territory of the Virgin Islands.