What a week pays in West Virginia
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under West Virginia rules that is 40 regular hours and 4 hours of overtime, for $920.00.
That matches federal rules alone, because West Virginia’s rule does not pay more than the federal 40-hour week for this schedule. Change the hours in the calculator above to test your own week.
Who the rule covers
Applies to employers with 6 or more employees at one location, and generally not to employers where 80% of employees are covered by federal wage-hour law (FLSA).
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
For the federal overtime deduction, only the premium on hours over 40 in a week counts, the same in West Virginia as everywhere else. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in West Virginia?
West Virginia requires 1.5 times the regular rate for hours over 40 in a workweek, but only at employers the state law covers: those with six or more employees at one location, excluding most employers whose workforce is covered by the FLSA.
Does West Virginia have daily overtime?
No. West Virginia has no daily overtime rule for most employees, so overtime is owed for hours over 40 in a workweek under federal law.
Is double time required in West Virginia?
No. West Virginia law does not require double time. It is paid only when an employer policy or a union contract provides for it.
Can a West Virginia employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.