West Virginia Overtime laws & compensation compliance analysis

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

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West Virginia Overtime Resources

Type Title
Checklists Trainees Checklist
Forms Overtime Authorization Form
Policies Overtime
White Papers What Good Is Comp Time If You Can't Take It?
See all Overtime Resources