West Virginia overtime.
West Virginia layers its own overtime rules on top of the federal FLSA baseline.
WV
40
hrs
—
—
$8.75
/hr
How West Virginia calculates overtime.
Weekly overtime
Hours over 40 per workweek paid at 1.5×
Daily overtime
Not required by state law
Double time
Not required by state law
7th consecutive day
No special rule
Calculate your West Virginia overtime
The weekly timesheet automatically applies WV rules.
Who's outside the rules
These categories of employees may be exempt from the overtime requirements above:
01
Executive, administrative, and professional employees
West Virginia follows federal weekly overtime rules.
West Virginia at a glance
West Virginia's economy is anchored by energy production, with coal and natural gas providing significant tax revenue and employment. The state remains the second-largest coal producer nationally and fourth in natural gas production. Healthcare has emerged as a major sector, accounting for 18.7% of total employment in 2024.
Industries with frequent overtime
Coal Mining
West Virginia produced 14% of U.S. coal in 2024. Coal miners often work extended shifts and overtime, particularly during high-demand periods and to meet production quotas.
Natural Gas and Energy
The state's natural gas industry from the Marcellus and Utica shales generates over $660 million in annual state revenue. Field workers and processing plant employees frequently work overtime during drilling operations.
Healthcare
WVU Medicine, the state's largest private employer, and other health systems employ thousands. Nurses, medical technicians, and support staff regularly work overtime to provide continuous patient care.
Manufacturing and Forest Products
The forest products industry operates in all 55 counties, contributing $3.5 billion to GDP. Manufacturing and timber workers often work overtime to meet production demands.
West Virginia overtime FAQ
West Virginia law requires employers with six or more workers to pay overtime at 1.5 times the regular rate for hours worked over 40 in a workweek. The overtime rate based on minimum wage ($8.75/hour in 2024) is $13.13 per hour.
West Virginia exempts salespeople, white-collar workers (executive, administrative, professional), camp employees, farm laborers, part-time students, vehicle drivers and mechanics, and certain others. Notably, workers over age 62 receiving Social Security benefits are also exempt.
You generally have two years from the date of the violation to file a complaint and pursue back wages. This may extend to three years if the employer knowingly or intentionally violated overtime regulations.
Filing a wage claim in West Virginia
If you believe you're owed unpaid overtime, here's what to do — in order.
Attempt to resolve the issue internally with your employer or HR department
If unresolved, file a wage claim with the West Virginia Division of Labor
Alternatively, file a complaint with the federal Wage and Hour Division
Provide documentation including pay stubs, timesheets, and hours worked
As a last resort, file a lawsuit in state or federal court to recover unpaid overtime
West Virginia repealed its state prevailing wage law in 2016, meaning contractors on state public works projects are no longer required to pay union-scale wages. However, federally funded projects must still comply with the federal Davis-Bacon Act. The state also has a rising minimum wage schedule, increasing $1 per year until reaching $15 per hour in 2028.
For general education only. Overtime law changes and has exceptions not listed here. For a specific situation, talk to your employer's HR department, the West Virginia Department of Labor, or an employment attorney.