Not legal advice. For decisions specific to your situation, consult a qualified professional. See methodology and sources.
West Virginia Overtime Pay
Federal FLSA only (no extra state rules).
Rules in West Virginia
Federal Fair Labor Standards Act (FLSA): non-exempt employees earn 1.5× regular rate for hours worked over 40 in a workweek.
Overtime pay by hourly rate
| Regular rate | 1.5× (over 40h/wk) |
|---|---|
| $15.00/hr | $22.50/hr |
| $20.00/hr | $30.00/hr |
| $25.00/hr | $37.50/hr |
| $30.00/hr | $45.00/hr |
| $40.00/hr | $60.00/hr |
| $50.00/hr | $75.00/hr |
Example: 50-hour week at $25/hr in West Virginia
- Regular 40h × $25 = $1000
- Overtime 10h × $37.50 (1.5×) = $375
- Total: $1375
Overtime rules in neighboring states
Cross-border employment, remote work for an in-West Virginiaemployer based elsewhere: which set of rules applies? Usually employment law follows the work location, not the employer's headquarters.
| State | Daily OT | 2× threshold | 7th-day rule |
|---|---|---|---|
| West Virginia (current) | FLSA only (40h/wk) | — | No |
| Pennsylvania | FLSA only | — | No |
| Maryland | FLSA only | — | No |
| Virginia | FLSA only | — | No |
| Kentucky | FLSA only | — | No |
| Ohio | FLSA only | — | No |
Other states
Common questions
- Does West Virginia have daily overtime?
- No daily overtime statute in West Virginia. Federal FLSA only — overtime pay (1.5×) kicks in after 40 hours in a workweek.
- Who is exempt from overtime in West Virginia?
- FLSA defines exempt employees as executive, administrative, professional, computer, and outside sales workers meeting both the duties test and a minimum salary threshold ($684/week federal in 2025, ~$35,568/year). Some states set higher state thresholds (e.g., CA $1,280/wk for white-collar; NY ~$1,200/wk in NYC). Independent contractors are not covered.
- What's the 7th-day rule in West Virginia?
- No 7th-day premium statute in West Virginia. Federal FLSA doesn't require special pay for working consecutive days as long as total weekly hours are under 40.
- How is overtime calculated for salaried employees in West Virginia?
- Salaried non-exempt employees still earn overtime. Regular rate = (weekly salary) ÷ 40 (or actual hours worked under fluctuating workweek). Overtime = 0.5× regular rate for hours over 40 (under FLSA), or 1.5× under most state systems. Salaried exempt employees do not earn overtime regardless of hours.
Full data sources and formulas: /sources.
Not legal advice. Overtime rules apply to non-exempt employees only. Exempt status depends on duties, salary level, and state-specific tests. Check with your state labor department or an employment attorney for your situation. Methodology →
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