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.
West Virginia law provides an exemption from the overtime laws for executive, administrative, and professional employees (WV Admin. Code Tit. 42 Sec. 42-8-8). For exemption, an employee must pass three tests:
• Salary Level Test
• Salary Basis Test
• Duties Test
For outside sales personnel, there is only a duties test.
Salary. Exempt white-collar employees must perform certain types of work, and they must generally be paid on a salary basis and receive a minimum salary. To qualify as a salaried employee, an employee must be paid a predetermined amount each pay period. The amount paid may not be reduced because of a variation in the quality or quantity of the work performed. With limited exceptions, the employee must receive his or her full salary for any week in which he or she performs any work, without regard to the number of days or hours worked. However, the employee need not be paid for any workweek in which he or she performs no work. Administrative and professional employees may be paid on a fee basis, rather than on a salary basis, and still qualify for exemption as long as the fee payment meets the minimum salary threshold.
Duties. In addition to passing the salary level and salary ...