The West Virginia Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer.
There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
West Virginia Overtime Pay Laws
The West Virginia Overtime Pay Laws requires employers to pay its workers one and one-half time the regular rate for hours worked in excess for 40 hours in a 7 consecutive day work week, unless otherwise exempt.
The minimum overtime wage rate is $10.88 per hour.
If your work involves manual labor you are generally covered under the overtime laws. In addition, first-responders, including police, paramedics, and firefighters are specifically offered overtime protection under the FLSA.
Employees not required to receive overtime pay includes executives, administrators, and other professionals earning at least $455 per week.
External salespeople are also generally exempted from the overtime requirements, as well as some types of computer-related workers, independent contractors, transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.
Click here to learn more about the West Virginia overtime law.
West Virginia Minimum Wage Laws
The West Virginia minimum wage is currently set at $8.75 per hour.
There are some exceptions that may apply. For example, if your businesses gross is over $500,000 annually or is engaged in interstate commerce.
For employees who receive tips, WV allows for a 20% credit against the minimum wage requirement. What that means is that employers may pay their service employees that are receiving gratuities a reduced minimum wage of $5.80 per hour as long as their hourly rate plus tips equals $7.25 per hour.
Overtime applies when an hourly non-exempt employee works more than forty hours in a seven consecutive day workweek.
You must actually work over forty hours before you are entitled to time and half. The payment of holiday pay, vacation pay, etc., may cause you to be paid more than forty hours but those are hours are not considered “hours worked.”
In situations where employees are not afforded necessary breaks and/or permitted to eat while working, employers must provide their employees a meal break of least twenty (20) minutes when scheduled to work six (6) or more hours, at times reasonably designated by the employer.
Employers must provide employees under the age of sixteen (16) a lunch period of at least thirty (30) minutes if scheduled to work more than five (5 )hours.
Click here to learn more about the Minimum Wage Laws.
West Virginia Minimum Wage & Hour Law Resource
An excellent resource for information is the West Virginia Division of Labor.
Largest Cities in West Virginia Providing Jobs
The ten largest cities in the State of West Virginia provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Charleston
- Huntington
- Parkersburg
- Morgantown
- Wheeling
- Fairmont
- Weirton
- Middletown District
- Martinsburg
- Beckley
Commonly Asked West Virginia Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does West Virginia have mandatory overtime laws?
- What is the West Virginia wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For West Virginia Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages.
We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a West Virginia wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review.
You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.
West Virginia Overtime Pay Lawyers Review
