West Virginia overtime turns on weekly hours, state coverage, and FLSA status; Everhour keeps approved time reviewable.
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For a West Virginia workweek, the practical question is whether a covered, non-exempt employee worked more than 40 hours in the fixed seven-consecutive-day workweek. West Virginia's state overtime standard uses that weekly threshold and pays covered overtime at not less than one and one-half times the employee's regular rate of pay.
Most West Virginia employers and employees are evaluated under federal FLSA overtime because state overtime coverage excludes employers whose workforce is largely federally covered. The West Virginia Division of Labor Wage & Hour Section enforces state minimum wage and overtime requirements, while federally preempted overtime matters are handled by federal agencies such as the U.S. Department of Labor.
Start with hours actually worked in the workweek. Under the FLSA, covered nonexempt employees must receive overtime pay for hours worked in excess of 40 in a fixed 168-hour workweek. West Virginia's state rule also uses hours actually worked over 40 in a seven-consecutive-day workweek and does not state a separate daily overtime threshold.
Example: a covered, non-exempt West Virginia employee works 46 hours in one fixed workweek at a $31.20 regular hourly rate. Regular pay is 40 hours times $31.20, or $1,248.00. Overtime is 6 hours at $46.80, which equals $280.80. Total gross pay for the worked hours is $1,528.80 before taxes, deductions, or other pay items.
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. If federal FLSA overtime covers the employee, use the federal baseline unless a more protective applicable rule gives the employee a greater benefit.
Do not include paid leave when deciding whether West Virginia overtime was triggered. Vacation pay, holiday pay, sick leave, PTO, and similar benefit hours are excluded from hours actually worked for West Virginia overtime. A paycheck with 38 worked hours and 8 vacation hours can show 46 paid hours, but it does not create West Virginia overtime from hours actually worked.
A one-off calculation is enough when you have one employee, one completed workweek, a known regular rate, and a clear count of hours actually worked. It is also enough for a quick payroll check when there are no tipped wages, bonuses, paid leave exclusions, or exemption questions affecting the regular rate or overtime eligibility.
A managed workflow is better when overtime must be reviewed across teams, approved before payroll, or separated by project, client, department, and employee status. Everhour Reporting can show overtime visibility through Team Hours and custom reports with grouping, filters, scheduled delivery, and exports, so payroll reviewers work from approved time records instead of rebuilt spreadsheets.
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 long day matters only because those hours add to the weekly total, unless another applicable law, policy, contract, or collective bargaining agreement creates a separate daily premium.
Count hours actually worked in the workweek. West Virginia excludes vacation pay, holiday pay, sick leave, PTO, and similar benefit hours from overtime hours because they are paid benefits, not hours actually worked. Under the FLSA baseline, each fixed 168-hour workweek stands alone, and hours cannot be averaged across workweeks to avoid overtime.
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 $13.125 per hour before payroll rounding.
West Virginia state overtime has a coverage limit tied to federal coverage and the employer's workforce. It 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. Federal FLSA overtime still controls covered federal matters.
FLSA overtime for covered nonexempt employees cannot be waived by employer-employee agreement and is due on the regular payday for the period worked. Compensatory time off generally does not satisfy private-sector FLSA overtime. County and municipal government employees in West Virginia may receive compensatory time only under a prior written agreement and statutory accrual caps.
Everhour Reporting lets managers build custom reports with overtime visibility in Team Hours and configurable report columns. Teams can group, filter, schedule, and export reports so payroll reviewers can compare approved hours, overtime totals, and work context before handing records to payroll.
Everhour Overtimes can show regular, 1.5x overtime, and 2x double overtime categories when configured with daily or weekly limits. Admins can review overtime hours in Team Hours, where overtime is visually separated from regular time for faster payroll checks.
Use Everhour Reporting to review overtime by person, project, and period, then export approved records for payroll handoff with clearer overtime visibility.
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