When you have to put in more time than normal, the hope is that your pay will be significantly higher. And if you’re one of the many types of employees who earn overtime pay, you want to make sure that your pay is exactly what you deserve. Some employees qualify for overtime, and others do not.
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.
Overtime Law Summary: West Virginia
Below Is an Outline of Critical West Virginia Overtime Law Components.
Fair Labor Standards Act of 1938 (FLSA)
West Virginia Labor § 21-5C-3 Overtime Law
Overtime Rules in West Virginia
After 40 hours, the overtime rate is 1.5x the normal rate for every hour worked.
Government Employees can receive “comp time”.
Companies that employ more than six workers must abide by the overtime law unless excluded by the law.
Nurses can’t work more than 16 hours in a single day
Mandatory overtime is legal
Overtime Not Eligible for There Jobs
These employees are exempt from overtime pay in West Virginia:
Farms, Ranch, and Agricultural Business Employees
Summer Camps Non-administrative Workers
Caddies and Ushers
Employees over 62 receiving Social Security
Legislative Employees (certain types)
Disabled Employees in Sheltered Workshop
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the West Virginia Division of Labor
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.
Overtime Laws in West Virginia
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:
Employees of Immediate Family Members
Outside Sales Staff
People 62 and older receiving Social Security
Pin Chasers (Bowling Alleys)
Workers at Summer Camps
West Virginia and Federal Overtime Law
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.
Which Employees are Exempt For Overtime in West Virginia?
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;
Learned Professionals (CPA, Nurse, Lawyer)
Jobs Focused on Computers
West Virginia Nurse Overtime Act
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:
Unpredictable Emergencies where patient safety is at risk
On-call time needed to be fulfilled and is not required overtime
If they need to complete patient care currently happening
Most Employees Do NOT Legally Qualify for Comp Time
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.
How Workweek Hours Should be Counted
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.
If You Have Been Denied Overtime, Seek Legal Advice Immediately
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.
About the Author:
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.
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.