West Virginia Overtime Law: Daily Overtime, the 40-Hour Rule, and Exemptions

West Virginia does not require daily overtime. There is no state rule paying extra for working more than 8 hours in a single day. Like federal law, West Virginia's overtime obligation is based on the workweek: covered employees must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek. So an employee who works four 11-hour days (44 hours) is owed 4 overtime hours, but an employee who works three 13-hour days (39 hours) is owed no overtime, no matter how long any single shift was. If anyone tells you West Virginia mandates “time-and-a-half after 8 hours a day,” that is wrong — only a handful of states (such as California) require daily overtime, and West Virginia is not one of them.

The West Virginia 40-hour rule

West Virginia's overtime requirement comes from the state's Minimum Wage and Maximum Hours Standards Act. The state standard mirrors the core of the federal Fair Labor Standards Act (FLSA): overtime is calculated per workweek, the threshold is 40 hours, and the premium is one and one-half times the employee's regular rate of pay.

A workweek is a fixed, recurring period of 168 hours — seven consecutive 24-hour days. It does not have to match the calendar week, but once set it should stay consistent. Employers cannot average two weeks together: working 30 hours one week and 50 the next still produces 10 overtime hours in the second week, even though the two-week average is 40.

The regular rate is not always the same as the base hourly wage. It generally includes nondiscretionary bonuses, shift differentials, and commissions, which must be folded in before the 1.5 multiplier is applied. For salaried nonexempt workers, the salary is converted to an hourly equivalent to find the regular rate.

Who is covered — and the state-vs-federal overlap

One distinctive feature of West Virginia law is the six-employee threshold. The state Minimum Wage and Maximum Hours Standards Act historically applies to employers with six or more employees at one separate, distinct, and permanent work location. The Act also contains exclusions for employees who are already covered by the federal FLSA, which was designed to avoid duplicate regulation.

In practice, this two-track system means almost every West Virginia worker is protected by either state law or federal law:

• FLSA (federal): covers most employees of businesses engaged in interstate commerce with at least $500,000 in annual sales, plus many individual employees whose work involves interstate commerce. The federal overtime rule is the same 40-hour weekly standard at 1.5x.
• West Virginia state law: reaches smaller, locally focused employers and certain workers not covered federally, applying the same 40-hour overtime concept.

Because the rules overlap, the practical answer for nearly all West Virginia employees is the same: time-and-a-half after 40 hours a week, with no daily overtime. The federal minimum wage remains $7.25 per hour. West Virginia's state minimum wage is higher — $8.75 per hour as of 2026 — and overtime for minimum-wage workers is calculated on that figure. Because state wage figures can change, confirm the current minimum wage with the West Virginia Division of Labor before relying on a specific number.

Who is exempt from overtime

Not every worker earns overtime. West Virginia recognizes exemptions that largely track the federal categories. The most common are the “white-collar” exemptions for employees who meet both a salary test and a duties test:

• Executive: manages a department or enterprise, regularly directs at least two full-time employees, and has authority over hiring and firing.
• Administrative: performs office or non-manual work directly related to management or general business operations, exercising independent judgment on significant matters.
• Professional: performs work requiring advanced knowledge in a field of science or learning, usually acquired through prolonged specialized instruction (lawyers, doctors, engineers, accountants, teachers).
• Outside sales employees and certain computer professionals.

A critical point: job titles do not determine exemption. Calling someone a “manager” or paying a salary does not, by itself, remove overtime rights. The employee must actually perform exempt duties and be paid on a salary basis above the applicable federal salary threshold. Misclassification — treating a nonexempt worker as exempt — is one of the most common ways employees lose overtime they are legally owed.

Other categories may be fully or partially exempt under state or federal law, including certain agricultural workers, some transportation employees governed by federal motor-carrier rules, and specific seasonal or domestic workers. Independent contractors are not covered at all — but whether someone is truly a contractor depends on the economic reality of the working relationship, not the label on a 1099.

How to recover unpaid overtime in West Virginia

If you believe you are owed overtime, you generally have two enforcement paths in West Virginia, and they can overlap:

• West Virginia Division of Labor (Wage and Hour Section): the state agency that enforces the Minimum Wage and Maximum Hours Standards Act and the West Virginia Wage Payment and Collection Act. You can file a wage complaint asking the state to investigate unpaid wages and overtime.
• U.S. Department of Labor, Wage and Hour Division: enforces the FLSA and can investigate federal overtime violations, often recovering back wages.

You can also file a private lawsuit. The West Virginia Wage Payment and Collection Act is an especially powerful tool: it governs how and when wages must be paid and can allow recovery of unpaid wages plus additional damages and attorney's fees when an employer fails to pay what is owed. Under the FLSA, an employee who wins can typically recover the back overtime plus an equal amount in liquidated (double) damages, along with attorney's fees.

Deadlines matter. The federal FLSA generally allows a claim going back two years, extended to three years for willful violations. State-law wage claims have their own time limits. Because these periods run continuously and missing them can permanently bar recovery, do not wait — gather your records and act promptly.

Protect yourself: document everything

Overtime cases are won with records. Keep your own log of hours worked, save pay stubs, and note your job duties in case an exemption is disputed. Employers are legally required to keep accurate time and pay records, and gaps in their records often help the employee. It is also illegal to retaliate against a worker for asserting wage rights or filing a complaint — firing, demoting, or punishing someone for raising an overtime claim can create a separate legal violation.

Where to verify

For the current minimum wage, overtime guidance, and to file a complaint, consult the West Virginia Division of Labor (under the West Virginia Department of Commerce). For federal overtime rights, consult the U.S. Department of Labor, Wage and Hour Division. Because wage figures and salary thresholds are periodically updated, always confirm current numbers with these official sources, and consider speaking with a West Virginia employment attorney about your specific situation.

Official West Virginia Sources

This page is based on West Virginia employment law. Rules and figures change — verify the current details directly with the official West Virginia sources below. This is general legal information, not legal advice.

• West Virginia Division of Labor - Wage & Hour Section — official West Virginia agency.
• Request for Assistance (Wage Claim) - WV Division of Labor
• West Virginia Code Chapter 21 - Labor

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside West Virginia state law.