West Virginia, as with all states, follows the requirements of the federal Fair Labor Standards Act regarding worker hours and minimum wage. However, West Virginia has additional requirements under the state's Minimum Wage and Maximum Hours Law regarding how, when and to whom overtime pay is applicable.
Federal Overtime Requirements
The federal Fair Labor Standards Act sets overtime rules for certain categories of employees in businesses covered by the law. In general, overtime pay of time-and-a-half must be paid to covered employees for any hours in excess of 40 hours in a single work week. Employees are covered by FLSA overtime requirements if the company they work for is involved in interstate commerce, and the workers are do not belong to an exempt category, such as managers or farm workers.
West Virginia Overtime Rules
West Virginia's Minimum Wage and Maximum Hours Law has been in effect since 1980. The law extends the FLSA time-and-a-half rule to businesses in the state with six or more employees in a single location regardless of whether the business is engaged in interstate commerce or not.
West Virginia law defines numerous categories of workers who are not covered by overtime requirements, including newsboys, traveling salesmen, managers and administrators, trainees, camp counselors, fire fighters and federal employees working in the state.
Overtime and Holiday/Weekend Pay
Neither federal nor West Virgina state law requires special pay for working on holidays or weekends. However, for workers who receive increased pay, the increase has no bearing on overtime calculations. For example, if a worker is paid time-and-a-half for working eight hours on a Saturday, only the eight hours counts towards overtime consideration, not the 12 hours for which the worker was paid.