West Virginia Overtime Authorization Form
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How to fill out Overtime Authorization Form?
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FAQ
West Virginia's overtime laws apply to any company employing six or more workers, excluding salespeople, white-collar workers, camp employees, farm laborers, ushers, part-time students and learners, vehicle drivers and mechanics, ushers, some legislative employees, and disabled people in sheltered workshops.
An employer doesn't violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law. Most workers in Virginia are entitled to overtime pay when they work more than 40 hours per week.
West Virginia Overtime Law Summary This chart highlights key provisions of West Virginia overtime law. West Virginia's overtime laws apply to any company employing 6+ workers, except those excluded by law. Mandatory overtime is allowed.
Overtime can be voluntary (it may be offered or requested by an employer during very busy periods) or compulsory (it can be guaranteed or non-guaranteed). It will depend on the terms and conditions of the contract whether overtime is: voluntary.
The State Overtime Wage Requirement Once state jurisdiction is established, non-exempt employees must be paid an overtime rate of one and one-half times their regular hourly rate for all hours actually worked over forty within the same seven consecutive day workweek.
If you have 'guaranteed compulsory overtime' in your contract, this means your employer has to offer you overtime, and you must accept and work it. If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it.
Under West Virginia's overtime law, employers of six or more people must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek (WV Code Sec. 21-5C-3(a)).
Work Period: Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a work period basis. A work period may be from 7 consecutive days to 28 consecutive days in length.
21-5C-3). West Virginia does not generally limit the number of hours an employee may work, unless the employee is a minor.
