Overtime Law in West Virginia

Workers in West Virginia are protected by the federal Fair Labor Standards Act (FLSA). Employers must pay 1.5× your regular rate for all hours worked over 40 in a workweek. Many violations go undetected for years — and workers often don't realize they're owed money.

The Fair Labor Standards Act (FLSA) is enforced by the US Department of Labor's Wage and Hour Division. Workers can file a complaint directly or hire a private attorney — most choose an attorney because the FLSA requires the employer to pay attorney fees if you win.

Minimum wage in West Virginia: $8.75/hr. West Virginia minimum wage is $8.75/hr. The West Virginia Wage Payment and Collection Act provides a 3-year statute of limitations and double damages for willful wage theft.

Common industries with overtime violations in West Virginia: mining and manufacturing wage theft prevalent.

Common Violations in West Virginia

  • Salaried employees told they are "exempt" when they are not
  • Off-the-clock work before or after shifts
  • Automatic meal-break deductions for breaks not actually taken
  • Misclassification as an independent contractor to avoid overtime
  • Managers taking a share of employee tips

What You Can Recover

Successful FLSA claimants in West Virginia can recover:

  • Back pay — all unpaid wages for up to 2–3 years
  • Liquidated damages — an equal amount on top of back pay
  • Attorney fees — paid by your employer, not you

The Fair Labor Standards Act is enforced by the US Department of Labor's Wage and Hour Division. Workers can file a complaint directly with the DOL or hire a private attorney — FLSA attorneys work on contingency, and the employer must pay attorney fees if you win.

Frequently Asked Questions

Workers in West Virginia are protected by the FLSA. You are entitled to 1.5× your regular pay for hours over 40 per week. West Virginia may also have its own wage laws providing additional protections. A free evaluation will clarify which apply to you.
The FLSA gives you 2 years (3 for willful violations). West Virginia may have a different state deadline. Act promptly — every month you wait may reduce your potential recovery.
Most FLSA cases settle before trial. Your attorney will negotiate on your behalf — many employers settle quickly once they realize a credible claim has been filed. You pay nothing unless you win.