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Overtime Laws

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West Virginia's overtime pay laws seem clear. Most employees who work more than 40 hours per week must be paid time-and-a-half for such additional hours. These laws are similar to federal overtime pay laws.

But there are exceptions to these rules. And some companies refuse to play by them. Instead, they try to get around West Virginia's employment laws and not pay workers 1.5 times more per hour for hours worked in excess of 40 hours per week.

If you worked overtime, you deserve overtime pay. That's why we want to help you. At Klie Law Offices, our experienced overtime law attorneys can review the details of your case and help you determine if have a strong, legal case.

What are West Virginia's overtime laws?

What makes overtime pay claims complicated involves exactly who's eligible for overtime pay in West Virginia. Employees who may be exempt from overtime pay under West Virginia law include:

  • Salaried employees
  • Managers
  • Outside sales personnel

In most cases, employees exempt from overtime pay in West Virginia must meet all three requirements listed below:

  • Salary level test - Employee must earn more than $23,600 per year to be exempt.
  • Salary basis test - Exempt employee must be paid guaranteed minimum salary, regardless of how many hours employee works per week.
  • Duties test - Exempt employees often have managerial duties.

Such rules might seem clear cut. But the reality is there's often a lot of gray area, especially when it comes to wage and salary disputes. That's why it's important to talk to an attorney at our law firm as soon as possible.

How we can help you

Don't take your employer's word on whether or not you're exempt from West Virginia's overtime laws. Contact our law firm and talk to experienced employment law attorney at our firm about your potential case.

Our lawyers are familiar with the Fair Labor Standards Act (FLSA) as well as all the applicable West Virginia laws involving overtime pay, including WV Code Sec. 21-5C-3(a) and WV Code Sec. 21-5C-1.

We can also explain all the legal options available for you, from dealing directly with your employer, filing a complaint with the U.S. Department of Labor or filing a lawsuit against your employer. Whatever approach you want to take, we're here to help you get the overtime compensation you rightfully deserve.

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