{"id":377236,"date":"2017-09-13T12:18:09","date_gmt":"2017-09-13T17:18:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-overtime-laws.html"},"modified":"2023-01-09T12:47:05","modified_gmt":"2023-01-09T17:47:05","slug":"west-virginia-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-overtime-laws.html","title":{"rendered":"West Virginia Overtime Laws"},"content":{"rendered":"\n
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West Virginia Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Rafting guides on West Virginia’s Lower New River Gorge have a demanding job. They must safely navigate clients down churning water on trips that can last up to 48 hours. A couple trips running back to back could add up to some significant overtime. Unfortunately for river guides, West Virginia law specifically exempts them from overtime pay.<\/p>\r\n

But while the average West Virginia employee is eligible for overtime pay<\/a>, there are a number of exceptions to how and when these laws apply. If you work in the state, you owe it to yourself to understand the basics of West Virginia overtime laws.<\/p>\r\n

West Virginia Overtime Law Summary<\/h2>\r\n

This chart highlights key provisions of West Virginia overtime law.<\/p>\r\n\r\n
State and Federal Statutes<\/b><\/th>\r\n
West Virginia Overtime Rules<\/b><\/th>\r\n
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  • Required overtime pay after 40 hours, at 1.5 times standard rate<\/li>\r\n
  • "Comp" time allowed for government employees<\/li>\r\n
  • West Virginia’s overtime laws apply to any company employing 6+ workers, except those excluded by law.<\/li>\r\n
  • Nurses many not work more than 16 hours in a day<\/li>\r\n
  • Mandatory overtime is allowed.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Jobs Not Entitled to Overtime<\/b><\/th>\r\n

West Virginia specifically exempts the following from overtime pay:<\/span><\/p>\r\n

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  • Workers employed on farms, ranches, or agricultural businesses<\/li>\r\n
  • Non-administrative workers at summer camps<\/li>\r\n
  • Outside salespeople<\/li>\r\n
  • Ushers and caddies<\/li>\r\n
  • Workers over 62 who are receiving Social Security benefits<\/li>\r\n
  • Some legislative employees<\/li>\r\n
  • Disabled people in sheltered workshops<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Filing a Wage Complaint<\/b><\/th>\r\n