The laws are complicated and having a solid grasp of them will help save you money. If you’re an employee in West Virginia, then you need to know the basics of overtime law to make sure you’re receiving your fair share of the profits for the time you work.
Below Is an Outline of Critical West Virginia Overtime Law Components.
| State/Federal Statutes |
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| Overtime Rules in West Virginia |
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| Overtime Not Eligible for There Jobs | These employees are exempt from overtime pay in West Virginia:
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| Wage Complaint Filing Process |
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Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
West Virginia has its own overtime laws to add further protections to employees that the FLSA does not provide. This includes covering business that has six or more employees mandating that employers pay them overtime rates for working more than 40 hours in a single week. Federal laws cover a business that earns more than $500,000 in gross sales annually and ones that engage in interstate commerce.
West Virginia overtime laws do certain exempt types of employees:
The Fair Labor Standards Act (FLSA) is the law for overtime. The law dictates non-exempt employees who work more than 40 hours in a single week be paid at a rate of 1.5x their standard hourly pay. West Virginia also has its own laws governing employee pay. However, in determining which rules to follow, employers must always choose the rule that benefits the employee most.
FLSA does not cover exempt employees. However, employees must meet certain, specific criteria to qualify as exempt, and the U.S. Department of Labor sets them.
While positions like mechanic arts, skill trades, and positions that do not require postgraduate degrees or college training qualify for overtime, other professional positions do not. Positions like teachers, physicians, lawyers, architects, registered nurses, and many others do not qualify for overtime pay. Here is a list of other exempt positions;
Nurses are required to have at least 8 hours off from work immediately after any 12-hour shift worked. This is due to the interest of public safety in West Virginia. Nurses are also not allowed to work more than 16 hours in a single day with some exceptions:
Compensatory time is paid time off that employers provide employees who work more than 40 hours in a particular week. This is only for state and county employees and not private employees. Those who qualify for it are offered pay time off at a rate of 1.5x their normal rate for hours worked over 40 in a single week.
The definition of a workweek for the sake of calculating overtime is a set, seven consecutive days. However, this week does not need to start on a particular day. And during this period, an employee earns overtime when they work more than 40 hours.
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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My husband works for WV VOAD in the Disaster Case Management Program. Is this employer exempt from paying overtime and can they legally give comp time instead? Also, what mileage can be claimed for reimbursement?
Thank you for any help you can offer.