## Overtime pay in West Virginia The federal **Fair Labor Standards Act (FLSA)** sets minimum overtime rules — but West Virginia can (and sometimes does) require more. ### West Virginia overtime Federal FLSA + state mirrors. ## Federal FLSA basics **Standard rule:** non-exempt employees must be paid 1.5x regular rate for all hours over 40 in a single workweek. **"Workweek"** is a fixed, recurring 7-day period — does NOT have to be Sunday-Saturday or pay-period-aligned. ## Who's exempt from overtime **Executive exemption** — salaried at $684+/week, primary duty managing, directs 2+ employees, hire/fire authority **Administrative exemption** — salaried, office or non-manual work directly related to management or general business operations + discretion + judgment **Professional exemption** — learned or creative professional, salaried at threshold **Computer professional** — salaried OR $27.63+/hour, specific computer duties **Outside sales** — primary duty making sales, customarily away from employer's place ## Misclassification — the big issue Most overtime cases involve misclassification: - Salaried ≠ exempt (must also meet duties test) - "Manager" titles that don't actually manage - Computer workers misclassified - Independent contractors who are really employees - Restaurant managers primarily doing line work If misclassified, employees can recover unpaid overtime for prior 2-3 years. ## Calculating regular rate Overtime is calculated on regular rate — more than just hourly wage: - All non-discretionary bonuses included - Commissions included - Shift differentials included - Excludes: discretionary bonuses, gifts, expense reimbursements ## Common overtime violations - **Off-the-clock work** — pre-shift, post-shift, lunch period - **Working through breaks** without comp - **"Comp time" instead of overtime** — generally illegal in private sector - **Averaging hours** across two weeks (illegal — must be calculated weekly) - **Misclassifying as exempt or contractor** - **Failing to include bonuses in regular rate** - **Donning / doffing safety gear** uncounted - **Travel time** misclassified - **Training time** uncounted - **After-hours emails / calls** ## Damages - **Back wages** for unpaid overtime - **Liquidated damages** equal to back wages (effectively doubles) - **Attorney's fees** — fee-shifting under FLSA - **Statute of limitations:** 2 years (3 for willful violations) ## Filing a claim Two paths: 1. **Wage and Hour Division of U.S. DOL** — investigates and seeks back wages 2. **Private lawsuit** — typically faster, can recover attorney's fees + liquidated damages Many cases proceed as **collective actions** (FLSA § 216(b)) — opt-in class actions. ## What you should do If you suspect overtime violations in West Virginia: keep your own time records, don't sign release agreements without review, contact an employment attorney. Most West Virginia wage-and-hour attorneys work on contingency. Fee-shifting means you typically pay nothing out of pocket. --- *This guide is general information about federal FLSA and West Virginia law as of early 2026 and is not legal advice. Overtime rules have many exemptions and edge cases. Talk to a licensed West Virginia employment attorney about your specific situation.*