West Virginia Overtime Calculator
1.5× after 40 h/wk (state law) · enter your week below and see the exact split.
| Pay type | Hours | Rate | Pay |
|---|---|---|---|
| Straight time | 40.00 | $20.00/h | $800.00 |
| Overtime (1.5×) | 3.00 | $30.00/h | $90.00 |
Weekly overtime past 40 h/week only — West Virginia has no general daily overtime rule. Weekly overtime applied to 3.00 additional hour(s).
West Virginia overtime rules at a glance
| Rule | West Virginia |
|---|---|
| Daily overtime | No general daily threshold; weekly rules only |
| Weekly overtime | 1.5× after 40 hours |
| Double time | Not required by state law (employer policy may add it) |
| Authority | W. Va. Code § 21-5C-2 |
The rules in detail
- 1.5× the regular rate after 40 hours in a workweek (state law)
West Virginia requires overtime after 40 hours for employers with 6+ non-exempt employees that are not covered by the FLSA.
Enforcement: West Virginia Division of Labor.
Worked example
A Charleston shop worker at a non-FLSA employer at $16/hour with a 43-hour week earns 3 × $24 under state law.
What West Virginia employers sometimes get wrong
The state rule exists to catch small employers federal law misses; for everyone else the federal standard controls.
Who is entitled to overtime
Overtime rules protect “non-exempt” employees. The main federal exemptions cover executives, administrators, professionals, outside salespeople and certain computer employees — provided their duties genuinely match the exemption and they clear the salary basis test. Job titles mean nothing: an “assistant manager” who mostly runs a register is still non-exempt in the eyes of the law.
In practice, most hourly workers in West Virginia are non-exempt and must receive overtime whenever the rules above trigger. Independent contractors are not covered — but misclassifying an employee as a contractor is one of the most common wage violations.
How to file an overtime claim in West Virginia
Check your pay stubs and hours against the calculator above first. If you believe you were shorted, you can file a wage claim with West Virginia Division of Labor or a complaint with the U.S. Department of Labor’s Wage and Hour Division (dol.gov/agencies/whd). The FLSA lets you recover unpaid overtime going back two years (three for willful violations), often doubled as liquidated damages.
General information, not legal advice. Verify current rules with the U.S. DOL State Overtime Requirements table and West Virginia Division of Labor.
Questions people ask
What are the overtime laws in West Virginia?
West Virginia requires overtime after 40 hours for employers with 6+ non-exempt employees that are not covered by the FLSA. The practical rule: 1.5× after 40 h/wk (state law). Source: W. Va. Code § 21-5C-2.
How is overtime calculated in West Virginia?
Multiply your regular hourly rate by 1.5 for every overtime hour. For example, at $20/hour a 45-hour week pays 40 × $20 + 5 × $30 = $950.
Do salaried employees get overtime?
Sometimes. A salary alone does not remove overtime rights — the employee must also perform exempt duties and (for the federal white-collar exemptions) clear the salary threshold. If the exemption tests fail, the employee is owed overtime regardless of pay format.
Does West Virginia require overtime on weekends or holidays?
Federal FLSA rules do not require premium pay for weekends or holidays unless total weekly hours exceed the overtime threshold. Some state or employer policies may be more generous.