West Virginia uses weekly overtime rules, and Everhour keeps billable time tied to approved work records.
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A West Virginia overtime calculation answers how much extra pay is due when a covered nonexempt employee works more than 40 hours in a seven-consecutive-day workweek. West Virginia's state overtime rule is weekly, not daily: it does not state a separate daily overtime threshold. The West Virginia Division of Labor Wage & Hour Section enforces state minimum wage and overtime requirements.
The same check also helps you identify which rule controls. The FLSA requires covered nonexempt employees to receive at least 1.5 times the regular rate for hours worked over 40 in a fixed 168-hour workweek. When federal and state wage laws both cover the employee, the greater benefit or more generous right applies.
Start with total hours actually worked in the workweek, then subtract 40. Multiply those overtime hours by 1.5 times the employee's regular rate. For example, a covered nonexempt West Virginia employee works 47 hours in one fixed workweek at a $26.40 regular hourly rate. Regular pay is 40 × $26.40 = $1,056.00.
The overtime rate is $26.40 × 1.5 = $39.60. The employee has 7 overtime hours, so overtime pay is 7 × $39.60 = $277.20. Total gross pay for the week is $1,056.00 + $277.20 = $1,333.20. Vacation pay, holiday pay, sick leave, PTO, and similar benefit hours are excluded from West Virginia overtime hours because they are not hours actually worked.
West Virginia's minimum wage is $8.75 per hour for covered employees, generally where at least six non-exempt employees work at one separate, distinct, permanent work location. For a West Virginia employee paid exactly that state minimum wage, the minimum overtime rate is 1.5 times the regular rate, or $13.125 per hour before payroll rounding.
State overtime coverage has a narrower state-law test. West Virginia state overtime applies only when the employer is not federally covered for overtime, less than 80% of the workforce performs interstate-commerce work under federal law, and at least six non-exempt employees work at the location. Most West Virginia employers and employees are evaluated under federal FLSA overtime because of that coverage structure.
A calculator is enough for a single weekly check, a manual correction, or a quick gross-pay estimate before payroll review. It works best when the workweek is fixed, the regular rate is clear, and the employee has one hourly rate. Use it to catch the common mistake of counting paid leave as hours actually worked.
A managed workflow is better when overtime affects client billing, job costing, approvals, or repeat payroll handoffs. Approved timesheets, locked periods, and reports reduce back-and-forth after the week closes. Everhour can keep billable and non-billable time separate by project billing status, task-level controls, custom task rates, member-rate exceptions, and admin reports.
This content is for general information only, may not be fully up to date, and is provided without any warranty or liability.
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West Virginia's state overtime rule is based on hours actually worked over 40 in a seven-consecutive-day workweek and does not state a separate daily overtime threshold. A 12-hour day does not create state overtime by itself unless the employee's total hours actually worked exceed 40 in that fixed workweek or another contract, policy, or applicable law gives a greater benefit.
West Virginia state overtime applies only when the employer is not federally covered for overtime, less than 80% of the workforce performs interstate-commerce work under federal law, and at least six non-exempt employees work at the location. The state also excludes specific categories, including U.S. government employees, outside salesmen, bona fide professional, executive, or administrative employees, agricultural workers, and students working 24 hours or less per week.
No. Vacation pay, holiday pay, sick leave, PTO, and similar benefit hours are not counted as hours actually worked when determining West Virginia overtime. If an employee works 38 hours and receives 8 paid holiday hours, that is 46 paid hours, but only 38 hours actually worked for the overtime threshold.
No. Under the FLSA, each workweek stands alone for overtime calculations, and hours may not be averaged over two or more workweeks to avoid overtime. A fixed workweek is 168 hours: seven consecutive 24-hour periods. A 47-hour week followed by a 33-hour week still produces 7 overtime hours in the first week for covered nonexempt work.
For federal executive, administrative, and professional exemptions, the FLSA generally requires both the applicable duties test and salary or fee compensation of at least $684 per week. The federal computer employee exemption requires the computer duties test plus compensation on a salary or fee basis of at least $684 per week or, if paid hourly, at least $27.63 per hour.
Everhour supports billable and non-billable time through project billing status, task-level non-billable controls, custom task rates, and member-rate exceptions. Admin reports can show billable time, non-billable time, billable amount, and cost, so overtime review stays connected to client billing and internal cost checks.
Track billable and non-billable hours by project, task, member, and rate before overtime reaches payroll. Everhour turns approved time into cleaner cost, billing, and reporting records.
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