West Virginia Hours of Work laws & HR compliance analysis

West Virginia Hours of Work: What you need to know

West Virginia requires employers to pay employees overtime of 1 1 / 2 times their regular rate for all hours worked in excess of 40 in a workweek (WV Code Sec. 21-5C-3). West Virginia does not generally limit the number of hours an employee may work, unless the employee is a minor. There is additional information and details.
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Paid working time. Employees must be paid for all working time, which includes:
• Time spent in physical or mental exertion under the employer's control and direction
• Time spent in general work that the employer does not request, but allows or permits
• Changing of clothes or washing, either before or after work, that is indispensable to the employee's work, or required by law, rule, custom, or practice
• Waiting time when the employee is engaged to wait
• Rest periods of from 5 to 20 minutes
• On-call time that does not permit the employee to use the time effectively for his or her own purposes
Exclusions. The following are not considered work time:
• Bona fide meal periods
• Time spent in walking, riding, or traveling to and from the workplace
All employers must make and keep, for at least 2 years, records of each employee's hours of work (WV Code Sec. 21-5C-5). The records must also show the employee's:
• Name and address
• Wage rate
• Amount of pay for each pay period
• Amount of payroll deductions for each pay period
• Hours of employment
West Virginia law requires that a nurse who works 12 or more consecutive hours be allowed at least 8 consecutive hours of off-duty time immediately following the completion of the shift (WV Code Sec. 21-5F-1et seq.). No nurse may work more than 16 hours in a 24-hour period. The nurse is responsible ...

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