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West Virginia Callback/ Report-In Pay: What you need to know

West Virginia has no specific requirement that employees be provided report-in or callback pay. In general, periods during which employees are completely relieved from duty and that are long enough to enable them to use the time for their own purposes are not considered hours worked.
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Time spent on call is compensable if the employees who are on call cannot use the time effectively for their own purposes. An employee may be required to stay at the workplace or close by, or be on call at home.
If employees are required to be on duty 24 hours or more, the employer and the employees can agree on bona fide meal periods and bona fide, regularly scheduled sleeping periods of at least 8 hours, as long as the employer provides adequate sleeping facilities, and the employee can usually enjoy an uninterrupted night's sleep. When an employer and employees enter into such agreements, and these conditions are satisfied, the meal and sleeping periods are not counted as hours worked. In the absence of such an agreement, meal periods and 8 hours of sleeping time are counted as hours worked. If the sleeping period is not counted as hours worked, and it is interrupted by a call to duty, the interruption counts as hours worked. The entire period of interruption must be counted if the employee cannot get a reasonable night's sleep.

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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