West Virginia Overtime Laws
West Virginia has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$8.75
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
West Virginia follows federal weekly overtime rules.
State Labor Department
West Virginia Economy and Workforce
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 Common Overtime
These West Virginia industries frequently involve overtime work situations:
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.
Frequently Asked Questions
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.
How to File a Wage Claim in West Virginia
If you believe you are owed overtime pay, follow these steps:
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
Important West Virginia Consideration
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.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.