Should I Be Receiving Overtime?

Overtime laws in West Virginia are designed to prevent workers (particularly those in blue-collar industries) from being exploited by their employers.

West Virginia, like most states, has closely based its overtime laws on the Fair Labor Standards Act (FLSA), which is administered by the U.S. Department of Labor. The FLSA qualifies certain types of workers for overtime pay for all hours worked over 40 in a single week. If your work involves manual labor (such as factory worker, trade worker, attendant, cashier, etc.) you are typically entitled to overtime pay. Certain categories of workers are offered specific protection under the FLSA, including first-responders, such as police, paramedics, and firefighters, along with practical nurses and paralegals, who have historically been exploited and endured long hours of work.

Still out of an estimated 120 million workers in America, almost 50 million are exempt from overtime laws. Most executives, administrators, and other professionals do not have to be paid overtime under both federal and West Virginia law. External salespeople and certain types of workers such as: computer-related workers, seasonal workers, transportation workers, agricultural and farm workers, and live-in employees, such as housekeepers, are also exempted from WV overtime requirements. Independent contractors, who are not considered employees, are also exempt from paying overtime.

A series of tests are employed to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. Those who qualify must be paid one-and-a-half times their regular hourly rate ("time-and-a-half") for every hour over 40 per workweek (7 fixed days) they work. Generally, there is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends or holidays, unless overtime hours occur on such days.

If your employer has failed to pay you the proper overtime wages that you deserve, you may be eligible to receive back wages and other compensation. Furthermore, existing regulations prohibit employers from penalizing workers who file an overtime complaint.

Some companies will go to great lengths to avoid paying their employees the overtime pay that they deserve. Companies will often resort to classifying employees as independent contractors or improperly categorizing them as executives in order to avoid overtime. If you find yourself in this situation or need help determining whether you have a right to overtime, please give us a call.