West Virginia Overtime Laws

West Virginia Overtime Laws

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West Virginia Overtime Laws

 

Quick Guide to WV Overtime Laws 

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.  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.

 

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