West Virginia Overtime Pay Laws - WV Labor Law - 2016
Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Employers in West Virginia must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay.
Non-exempt employees in West Virginia are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. Based on the West Virginia minimum wage of $8.75 per hour, the minimum amount any West Virginia worker should receive as overtime pay is $13.13 per hour.
Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours a week without receiving overtime pay. Some overtime-exempt jobs are specified in federal overtime law, such as most white collar jobs, while other exemptions are specific to West Virginia's state overtime laws.
Overtime is given to all covered workers who work more than 40 hours per week. They must be paid time and one-half their regular rate of pay. West Virginia's overtime laws apply to any company employing six or more workers, excluding salespeople, white-collar workers, camp employees, farm laborers, ushers, part-time students and learners, vehicle drivers and mechanics, ushers, some legislative employees, and disabled people in sheltered workshops. West Virginia also specifically exempts any worker over the age of 62 who is receiving Social Security benefits from overtime pay.
West Virginia Overtime Calculator
To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the WV overtime calculator. Your overtime pay will then be calculated and displayed.
Unpaid Overtime in West Virginia
If your employer has not paid you overtime and you believe you are entitled to overtime pay for the work you have done, there are steps you can take to ensure that you are paid what you deserve. First check West Virginia state overtime law as well as federal overtime exemptions to ensure that your occupation is not exempt from overtime, and ask your employer directly why you were not paid.
If you are sure that you are entitled to overtime that has not been paid and are unable to work out an agreement with your employer directly, your next step is to contact the West Virginia Department of Labor with an unpaid overtime claim form. You can contact the West Virginia Department of Labor office here:
Document Tags: WV Overtime, West Virginia Overtime Rule, WV Overtime Regulations, State of West Virginia Overtime Laws
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