West VirginiaOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: West Virginia has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $684/week ($35,568/year).
What are the overtime rules in West Virginia?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does West Virginia differ from federal overtime rules?
West Virginia has its own overtime law (WV Code §21-5C-3) requiring 1.5x after 40 hours per workweek. WV law covers employers with 6+ employees. The state law fills gaps for workers not under FLSA.
How to Calculate Overtime in West Virginia
Example 1: Hourly employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (overtime at 1.5x)
Total pay: $950.00
Example 2: Hourly employee works 50 hours in one week at $15/hr
40 x $15.00 = $600.00 (straight time) + 10 x $22.50 = $225.00 (overtime at 1.5x)
Total pay: $825.00
Example 3: Salaried non-exempt employee earns $800/week, works 48 hours
$800.00 (salary for 40 hrs) + 8 x $10.00 = $80.00 (overtime premium — half-time method)
Total pay: $880.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in West Virginia?
Under West Virginia law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises or at a prescribed workplace
- •On-call time when the employee is required to remain on or near the employer's premises (not free to use time for personal purposes)
- •Travel time during the workday between job sites (not normal home-to-work commuting)
- •Training, lectures, and meetings if attendance is mandatory or practically required by the employer
- •Meal breaks shorter than 30 minutes, or meal periods where the employee is not completely relieved of duties
- •Time spent donning and doffing required protective equipment or uniforms if integral to the job
- •Waiting time or idle time if the employee is engaged to wait (as opposed to waiting to be engaged)
Who is Exempt from Overtime in West Virginia?
| Salary Threshold | $684/week ($35,568/year) — federal FLSA minimum |
|---|---|
| Exempt Categories | Executive, administrative, professional (follows FLSA exemptions) |
| Industry Exemptions | Agriculture, employers with fewer than 6 employees, certain seasonal amusement/recreational workers |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $684+/week; primary duty is managing the enterprise or a department; customarily directs 2+ full-time employees; authority to hire/fire or recommendations carry weight |
| Administrative | Salary $684+/week; primary duty is office or non-manual work related to management/business operations; exercises discretion and independent judgment on significant matters |
| Professional (Learned) | Salary $684+/week; primary duty requires advanced knowledge in a field of science or learning customarily acquired by prolonged specialized intellectual instruction (e.g., law, medicine, engineering) |
| Professional (Creative) | Salary $684+/week; primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor |
| Computer Employee | Salary $684+/week or hourly rate of $27.63+; work as computer systems analyst, programmer, software engineer, or similar; primary duties involve systems analysis, design, development, or testing |
| Outside Sales | No salary requirement; primary duty is making sales or obtaining orders/contracts; customarily and regularly works away from the employer's place of business |
| Highly Compensated Employee | Total annual compensation of $107,432+; performs at least one exempt duty of an executive, administrative, or professional employee; customarily performs office or non-manual work |
Must I Pay Unauthorized Overtime in West Virginia?
Yes — you must pay for all overtime worked, even if unauthorized.
Employers must pay for all overtime worked, even if it was not authorized or was expressly forbidden. An employer may discipline an employee for violating a policy against unauthorized overtime, but cannot withhold pay for hours actually worked. Failure to pay for unauthorized overtime is a wage violation under the FLSA.
Common Overtime Violations to Avoid in West Virginia
These are the most common overtime mistakes employers make in West Virginia. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying non-exempt employees as exempt (especially by title alone without meeting salary and duties tests)
- 2.Requiring or permitting off-the-clock work (answering emails, setting up before shifts, cleaning up after shifts)
- 3.Averaging hours across two or more workweeks instead of calculating overtime for each individual workweek
- 4.Improperly rounding time entries in a way that consistently favors the employer
- 5.Failing to include bonuses, commissions, and shift differentials in the regular rate when calculating overtime
- 6.Providing comp time instead of overtime pay (allowed for government employers, not private sector under FLSA)
Penalties for Overtime Violations in West Virginia
Federal FLSA penalties apply: back pay for unpaid overtime plus an equal amount in liquidated damages (effectively double back pay). Willful violations carry a 3-year statute of limitations (vs. 2 years for non-willful). Employers may also face civil penalties of up to $2,451 per violation. Repeated or willful violators can face criminal prosecution with fines up to $10,000 and imprisonment.
What West Virginia Employers Need to Know
- •West Virginia requires overtime at 1.5x after 40 hours per workweek for employers with 6+ employees
- •No daily overtime requirement in West Virginia
- •WV law fills gaps for workers not covered by FLSA
- •Employers with fewer than 6 employees are exempt from state overtime law
- •Agricultural workers have overtime exemptions
Frequently Asked Questions
Does West Virginia have its own overtime law?
Yes. WV law requires 1.5x overtime after 40 hours per workweek for employers with 6+ employees.
Are small employers exempt from WV overtime?
Yes. Employers with fewer than 6 employees are exempt from WV's state overtime law, but may still be covered by FLSA.
Official West Virginia Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: West Virginia Division of Labor — Wage and Hour Section, U.S. Department of Labor.