West Virginia Overtime Calculator
Calculations for West Virginia apply the federal Fair Labor Standards Act (FLSA) standard: non-exempt employees receive 1.5× their regular rate of pay for all hours worked exceeding 40 in a designated 7-day workweek.
West Virginia Jurisdictional Coverage & Honesty Notice
This calculator currently uses the federal FLSA baseline for this jurisdiction. State-specific overtime requirements are not yet fully implemented.
Official Labor Authority: West Virginia Division of Labor
Calculate Overtime for West Virginia
Preselected jurisdiction: West Virginia (WV). Enter your pay rate, classification, and shifts below.
1. Select Work Jurisdiction
Delineating dedicated state statutory engines (CA, CO, NY) from federal FLSA baseline coverage.
West Virginia: FLSA Fallback (40h/wk)
This calculation uses the federal FLSA baseline (1.5x after 40h/week). State-specific overtime requirements are not yet fully implemented for this jurisdiction.
2. Select Occupation & Industry
Specialized wage orders or alternative work schedules (e.g., Healthcare 8/80, Hospitality spread-of-hours) apply to specific roles.
General Non-Exempt Employee
Hourly or non-exempt salaried employees entitled to statutory overtime under federal and state rules.
How Overtime Works in West Virginia
Statutory thresholds, daily and weekly hours breakdown, and compensation rates.
Daily Overtime Rule
Daily overtime is not mandated under federal FLSA; hours are evaluated on a 40-hour workweek basis. State-specific requirements are not yet implemented in this calculator.
Weekly Overtime (40h)
1.5× regular rate of pay for all hours worked over 40 in a designated 7-day workweek under 29 U.S.C. § 207.
Exempt Salary Threshold
$684.00/week ($35,568/year)
Federal FLSA post-vacatur enforcement baseline under 29 C.F.R. § 541.600 ($684.00/wk; $35568.00/yr following the Nov 15, 2024 vacatur in State of Texas v. DOL). This represents the enforcement baseline for standard EAP exemptions, not a universal threshold for all job categories.
West Virginia 45-Hour Workweek (Federal FLSA Baseline)
Step-by-Step Calculation Breakdown
- Weekly Regular Hours: 40.0 regular hours at $25.00/hr = $1000.00
- Weekly Overtime (1.5×): 5.0 overtime hours at $37.50/hr = $187.50
- Calculation Baseline: Evaluated under the federal FLSA 40-hour standard for West Virginia.
- Total Gross Wages: $1000.00 regular + $187.50 overtime = $1187.50
- Effective Hourly Rate: $1187.50 ÷ 45 hours = $26.39/hour
Statutory Basis & Legal Authorities
Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 207; 29 C.F.R. Part 778
Fair Labor Standards Act (FLSA), 29 U.S.C. § 207Important Scope Limitations
Important Notice: This calculator currently uses the federal FLSA baseline for this jurisdiction. State-specific overtime requirements are not yet fully implemented. Local wage ordinances, municipal standards, and industry-specific regulations in West Virginia are not evaluated. Consult West Virginia Division of Labor or a licensed employment attorney for guidance on official determinations.
Calculations provided by this website are for educational and estimation purposes only and do not constitute legal or payroll advice.
Frequently Asked Questions: West Virginia Overtime
Direct legal and practical answers regarding overtime rules in West Virginia.
How does overtime calculation work for West Virginia?
This calculator evaluates overtime for West Virginia using the federal Fair Labor Standards Act (FLSA) standard of 1.5× the regular rate for hours worked over 40 in a designated workweek. State-specific overtime requirements are not yet fully implemented.
When does overtime start in West Virginia?
Under the federal FLSA baseline applied for West Virginia, overtime pay begins once a covered non-exempt employee works more than 40 hours in a defined 7-consecutive-day workweek.
What is the overtime rate in West Virginia?
Under federal law, the overtime rate is at least time and one-half (1.5×) the employee regular rate of pay. The regular rate includes base hourly pay plus non-discretionary bonuses, shift differentials, and commissions divided by total hours worked.
What is the salary threshold for overtime exemption in West Virginia?
Under federal FLSA rules following the State of Texas v. DOL vacatur, the federal enforcement baseline is $684.00 per week ($35,568 annually). Employees earning below this threshold or failing the executive, administrative, or professional duties tests remain entitled to overtime pay. State laws may prescribe higher thresholds.
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