Skip to content

Overtime

W. Va. Code § 21-5C-3 — time and a half past forty hours in a workweek

Forty hours. No employer may employ anyone for a workweek longer than forty hours unless the hours over forty are paid at not less than one and one-half times the regular rate.

Email

The regular rate includes all pay for the work, but not gifts, holiday or vacation pay, expense reimbursements, discretionary bonuses or retirement and insurance contributions.

Unpaid overtime is recovered the same way as unpaid minimum wage, reaching back two years. A particular claim is a question for a licensed West Virginia attorney.

  • W. Va. Code § 21-5C-8
Sources for this section (2)
  1. W. Va. Code § 21-5C-3 — Maximum hours; overtime compensation
  2. W. Va. Code § 21-5C-8 — Minimum wage: civil remedy of employee; limitation of actions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.