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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.
The Virginia law directs all employers to provide all employees at least one 24-hour day of rest in each work week, absent an emergency.
This law requires employers in the Commonwealth to pay an overtime wage rate of one and a half times the regular rate for all hours worked in excess of 40 hours in a workweek.
There is no law in West Virginia that says how many hours you need to work to be full-time or part-time.
Right to rest between work shifts. (a)(1) An employee may decline, without penalty, any work hours that are scheduled or 1 otherwise occur: 2 (A) Less than 11 hours after the end of the previous day's shift; or 3 (B) During the 11 hours following the end of a shift that spanned two days.
21-5C-3). West Virginia does not generally limit the number of hours an employee may work, unless the employee is a minor.
West Virginia employers with six or more employees (including the owner and/or manager) must pay an overtime rate of 1.5 times an employee's regular rate for hours worked beyond 40 in a work week.
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)).
How do I get a complaint form? Click here to download a Complaint form and instructions or call the Ethics Commission at (304) 558-0664 to obtain a paper copy or a copy by email.
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.