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Overtime Q&As
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West Virginia Overtime: What you need to know

Under West Virginia's overtime law, employers of six or more people must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek (WV Code Sec. 21-5C-3(a)). Because this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard. Neither law requires overtime pay for hours worked in excess of 8 a day.
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West Virginia law provides an exemption from the overtime laws for executive, administrative, and professional employees.
Several additional classes of workers are exempt from West Virginia's overtime provisions, including (WV Code Sec. 21-5C-1):
• Most agricultural workers
• Those who are employed by educational, charitable, religious, fraternal, or nonprofit agencies where an employer-employee relationship does not exist
• Federal employees
• Newspaper carriers and shoe shiners
• Pin chasers in bowling lanes and caddies
• Members of the employer's immediate family
• Certain severely disabled workers
• Employees of children's summer camps
• Employees in approved on-the-job training programs
• Those over the age of 62 on Social Security
• Local bus company workers
• State firefighters
• Students working part time
• Theater ushers
• Parts people and mechanics at retail motor vehicle dealers
• Outside salespeople
• Employees in state government paid on per diem basis
• Employees covered by the federal Department of Transportation
• Certain seasonal employees of commercial white-water outfitters
• Employees of organizations with fewer than 6 workers or with 80 percent of the workforce covered by federal law

>> Read more about Overtime

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West Virginia Overtime Resources

Overtime Products

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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers. Download now."
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BLR Webinar: "Calculating Overtime: Step-by-Step Strategies to Avoid Big Mistakes With Overtime Rules and Math""
FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers."
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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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