West Virginia Overtime Laws: A Comprehensive Guide
Many employees in West Virginia work long hours to support their families. However, some of these employees may not receive the appropriate compensation for their overtime hours. That is why it is important to understand the state’s overtime laws. This article will provide you with a comprehensive guide to West Virginia overtime laws. It will cover the basics of overtime, the state’s overtime laws, exemptions to overtime laws, and how to file a wage claim.
What is Overtime?
Overtime is typically defined as any hours worked over 40 hours in a week. The federal government and most states, including West Virginia, require employers to pay their non-exempt employees at a rate of one and a half times their regular hourly rate for all overtime hours worked. For example, if you make $10 an hour, your overtime pay rate would be $15 per hour. It is important to note that overtime pay is based on the regular rate of pay, which includes commissions, bonuses, and other incentives. Also, there is no limit on the number of hours an employee can work in a week.
West Virginia Overtime Laws
West Virginia’s overtime laws follow the federal Fair Labor Standards Act (FLSA), which is a law that sets wage and hour standards for non-exempt employees nationwide. West Virginia law requires employers to pay overtime wages to non-exempt employees who work more than 40 hours in a week. The law also requires employers to keep accurate records of hours worked by their employees.
The West Virginia Minimum Wage and Maximum Hours Standards Act provides employees with minimum wage and overtime protections that are greater than the federal law. The law requires that employers pay their employees a minimum wage of $8.75 per hour, effective January 1, 2021. The state’s minimum wage will increase to $9.00 per hour on January 1, 2022, and will increase to $9.25 per hour on January 1, 2023.
Exemptions to West Virginia Overtime Laws
Not all employees are entitled to overtime pay. The FLSA provides exemptions for certain types of employees. If an employee falls under one of the exemptions, they are not entitled to overtime pay. It is important to note that exemptions are narrowly defined, and an employee’s job duties and salary must meet specific requirements to be exempt.
The following types of employees are exempt from overtime laws in West Virginia:
1. Executive, Administrative, and Professional Employees
The FLSA provides an exemption for executive, administrative, and professional employees who are paid a salary and perform certain types of duties. Executive employees must have management as their primary duty, administrative employees must have non-manual work related to the general business operations of the employer as their primary duty, and professional employees must have specialized knowledge as their primary duty.
2. Outside Sales Employees
The FLSA provides an exemption for outside sales employees who spend the majority of their workday away from the employer’s place of business selling products or services.
3. Computer Employees
The FLSA provides an exemption for computer employees who are paid a salary of at least $684 per week. These employees must perform certain types of duties, including programming, analysis, or design.
4. High Earning Employees
The FLSA provides an exemption for high earning employees who earn a salary of at least $107,432 per year. These employees must perform non-manual work, and their primary duty must include managing the enterprise, department, or subdivision.
How to File a Wage Claim
If you believe that your employer is violating West Virginia’s overtime laws, you can file a wage claim with the West Virginia Division of Labor. The wage claim must be filed within two years of the date that the wages were due. The Division of Labor will investigate your claim and may hold a hearing.
To file a wage claim, you must submit a written claim to the Division of Labor, which should include the following information:
1. Your name, address, and phone number
2. The name and address of your employer
3. The dates that you worked for the employer
4. The amount of unpaid wages that you are owed
5. A description of your job duties and the hours that you worked
6. Copies of any relevant documents, such as pay stubs or time cards
Conclusion
West Virginia’s overtime laws provide important protections for employees who work more than 40 hours per week. The state’s minimum wage is higher than the federal minimum wage, and employers are required to keep accurate records of their employees’ hours worked. While certain types of employees are exempt from overtime laws, exemptions are narrowly defined, and employees must meet specific job duties and salary requirements to be exempt. If you believe that your employer is violating West Virginia’s overtime laws, you can file a wage claim with the West Virginia Division of Labor.
The FLSA provides an exemption for executive, administrative, and professional employees who are paid a salary and perform certain types of duties. Executive employees must have management as their primary duty, administrative employees must have non-manual work related to the general business operations of the employer as their primary duty, and professional employees must have specialized knowledge as their primary duty.
The FLSA provides an exemption for outside sales employees who spend the majority of their workday away from the employer’s place of business selling products or services.
The FLSA provides an exemption for computer employees who are paid a salary of at least $684 per week. These employees must perform certain types of duties, including programming, analysis, or design.
The FLSA provides an exemption for high earning employees who earn a salary of at least $107,432 per year. These employees must perform non-manual work, and their primary duty must include managing the enterprise, department, or subdivision.
2. The name and address of your employer
3. The dates that you worked for the employer
4. The amount of unpaid wages that you are owed
5. A description of your job duties and the hours that you worked
6. Copies of any relevant documents, such as pay stubs or time cards
Quick Guide to WV Overtime LawsÂ
West Virginia Overtime Law
West Virginia overtime laws are provided under the state’s legislature, and most employees are covered by these WV overtime laws except for certain exceptions.
Under §21-5C-3 of the state’s code on West Virginia overtime law, an employee must work at least 40 hours in a workweek before receiving one and one-half (1 ½) times the hourly wage.  Employers and employees may enter a bargaining agreement that overtime cannot be paid until after a certain amount of hours in a workday, and other sections of the WV overtime laws are discussed throughout this article as well.
You will find information in this article about Nevada overtime law on overtime minimum wage, wage claims for violations of WV overtime laws, other state laws, and more.
What is the minimum overtime wage under West Virginia overtime laws?
According to West Virginia overtime laws on minimum wage, the current overtime minimum wage is $10.88 for nonexempt employees under minimum wage laws.  If you have worked more than 40 hours a week or a certain amount of hours in a day—unless you’re in a certain profession—your employer is required to pay you overtime rates according to West Virginia overtime laws.
If you believe your employer has violated WV overtime laws, you will find information about filing a claim at the end of this article.
What Employees are Exempt from West Virginia Overtime Law for Overtime Wages?
Certain employers are exempt from paying full overtime rates under West Virginia overtime law and under the Fair Labor Standards Act, and these exemptions under federal law are listed below:
• executive, administrative, or professional employees
• outside sales employees
• certain skill computer professionals
• employees within certain seasonal amusement
• seamen employed on foreign vessels
• switchboard operators
• employees engaged in fishing operations unless covered by West Virginia overtime laws
• newspaper deliverers
• farms workers unless covered by West Virginia overtime law
• casual babysitters
• certain commissioned employees in retail establishments
• certain transportation employees
• certain railroad workers or air carrier employees
• certain broadcasters unless covered by West Virginia overtime laws and minimum wage laws
• domestic service workers, but may receive full overtime wages according to WV overtime laws if they live outside the home
If a person has not obtained their high school diploma, they may not be able to receive full overtime wages according to West Virginia overtime law. Â Full-time students may not be able to receive full overtime wages under West Virginia overtime laws, and minors cannot receive overtime because West Virginia overtime law prohibits minors working more than 40 hours a week.
If you believe an employer has paid you an unfair wages according to WV overtime laws, employees are first encouraged to try and settle the dispute with their employer.  You’ll want to make sure your employer has provided mandatory overtime in the bargaining agreement, and if the dispute is not resolved, refer to the following section.
Filing a Wage Claim for Violation of West Virginia Overtime Law
If you believe your employer has violated West Virginia overtime laws, you should regard the link.
The document listed above explains the entire wage claim process for wages and violations of WV overtime laws.
