Who is exempt
Executive, administrative and professional staff, outside salespeople, farm workers, family members, part-time students, workers 62+ on Social Security, and certain vehicle dealer staff are excluded. Source: code.wvlegislature.gov↗ (opens in a new tab)
Comp time instead of overtime
Only county and city employees may get comp time, at 1.5 hours per overtime hour, under a written agreement. Caps are 480 hours for public safety and seasonal work, 240 otherwise. Source: code.wvlegislature.gov↗ (opens in a new tab)
Industry-specific rules
The state Division of Labor says overtime pay is largely governed by federal law and enforced by federal agencies. Source: labor.wv.gov↗ (opens in a new tab)
Penalties
Employer owes the unpaid wages plus court costs and reasonable attorney fees, for up to 2 years back. Source: code.wvlegislature.gov↗ (opens in a new tab)
The law and where to check
The law: W. Va. Code § 21-5C-3 (opens in a new tab)
The agency: West Virginia Division of Labor, Wage and Hour Section (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)
Free tool: work out overtime pay with our State Overtime Calculator.
Overtime checklist for West Virginia employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
- Set your workweek (a fixed, repeating 7-day period).
- Track all hours worked, including daily hours if your state has daily overtime.
- Pay overtime at 1.5 times the regular rate, including bonuses where required.
- Use our free State Overtime Calculator to check the numbers.
- Keep time and pay records.
More West Virginia employment law guides
- All West Virginia employment laws
- West Virginia final paycheck law
- West Virginia paid sick leave law
- West Virginia meal and rest break laws
- West Virginia pay frequency law
- West Virginia vacation and PTO payout law
- West Virginia new hire reporting
- West Virginia at-will exceptions
Overtime laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.