Under West Virginia overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in West Virginia — only the weekly total counts. The minimum wage is $8.75 (employers of 6 or more at one location). This guide gives the exact west virginia overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against West Virginia Division of Labor, Wage and Hour Section on 2026-10-08; confirm the current rule with West Virginia Division of Labor, Wage and Hour Section or an attorney before you rely on it.
West Virginia Overtime Laws at a Glance
| Minimum wage | $8.75 (employers of 6 or more at one location) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in West Virginia — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This West Virginia Overtime Laws Guide:
West Virginia Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in West Virginia — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under West Virginia Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $8.75 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
West Virginia Overtime Laws at a Glance
Rules verified against West Virginia Division of Labor, Wage and Hour Section on 2026-10-08; confirm the current rule with West Virginia Division of Labor, Wage and Hour Section or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $8.75 (employers of 6 or more at one location) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in West Virginia — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From West Virginia Overtime Laws
As in federal law, West Virginia generally exempts salaried executives, administrators, learned or creative professionals, and outside salespeople, along with some other groups listed in the state statute. To be exempt, a worker usually has to meet both a duties test and a salary test: paid on a salary basis at or above the required minimum, and doing mainly exempt-level work. A job title alone does not make someone exempt.
Daily Overtime and West Virginia Overtime Laws
West Virginia has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. West Virginia law has no rule that lets private employers give comp time instead of overtime pay. Under the federal FLSA, private employers generally have to pay overtime in cash. Comp time in place of overtime is generally limited to public-sector employers.
Is Overtime Taxed Differently Under West Virginia Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. West Virginia lets employers count part of a tipped worker’s tips toward the minimum wage.
Overtime for tipped workers is generally figured on the full minimum wage, not the lower cash wage, and the tip credit stays the same in overtime weeks. Tips belong to the worker and cannot be used to cut the overtime premium.
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How to Claim Unpaid Overtime Under West Virginia Overtime Laws
The West Virginia Division of Labor’s Wage & Hour Section sends overtime complaints to the federal Wage and Hour Division (USDOL), because overtime for most West Virginia workers falls under the Fair Labor Standards Act. Most workers start by filing a complaint with the USDOL Wage and Hour Division by phone or online.
If your issue is unpaid hours instead, the state Division takes a Request for Assistance (RFA) form, and you can file it online or by mail. The look-back period depends on whether the violation was willful, so confirm your exact window with the agency before you file.
Other West Virginia Overtime Laws Rules to Know
West Virginia’s own overtime law only covers employers above a minimum number of employees at one permanent location. It also does not apply to employers whose workforce is mostly already covered by the federal FLSA. That is why most overtime cases in West Virginia go through the federal Wage and Hour Division and not the state.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact West Virginia Division of Labor, Wage and Hour Section
West Virginia — the bottom line
- West virginia overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under west virginia overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- West virginia overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under West Virginia overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in West Virginia — only the weekly total counts.
What is the overtime rate in West Virginia?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does West Virginia have daily overtime?
No daily overtime in west virginia — only the weekly total counts.
Can my employer give comp time instead of overtime pay in West Virginia?
West Virginia law has no rule that lets private employers give comp time instead of overtime pay. Under the federal FLSA, private employers generally have to pay overtime in cash.
How do I claim unpaid overtime in West Virginia?
The West Virginia Division of Labor’s Wage & Hour Section sends overtime complaints to the federal Wage and Hour Division (USDOL), because overtime for most West Virginia workers falls under the Fair Labor Standards Act.
Official West Virginia Sources & Resources
- West Virginia Division of Labor, Wage and Hour Section: https://labor.wv.gov/Wage-Hour/Pages/default.aspx
- West Virginia statute: https://code.wvlegislature.gov/21-5C-3/
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This west virginia overtime laws guide was last verified against official West Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More West Virginia Workplace Rights Guides
- West Virginia Break Laws: Meal and Rest Breaks
- West Virginia Final Paycheck Law: Deadlines and Penalties
- West Virginia Labor Laws: Every Rule in One Place
- West Virginia Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.