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Detailing your right to overtime pay

You no doubt work very hard in performing the duties inherent with your career in Charleston. Such a well-developed work ethic likely comes not only from you wanting to support yourself and your family, but also as show of loyalty and gratitude to your employer. Yet does your employer offer the same love in return? Many come to us here at The Grubb Law Group concerned that they are asked to work long hours without being fairly compensated for it. Knowing if that truly is the case requires understanding what the law mandates in regards to overtime pay. 

Thankfully, the law leaves little room for interpretation. Section 21-5C-3(a) of the West Virginia Code states that whenever you are asked by your employer to work in excess of 40 hours during a designated work week, you are required to be paid at a rate that is one and one-half times greater than your standard hourly pay rate for every excess hour. Keep in mind that this applies only to hours in a work week. If, for example, your employer asks you to stay beyond your standard eight-hour shift, but then allows you to leave earlier another day during that same week, it is not required to pay you overtime pay on the day you worked later. 

Certain types of employees are exempt from the state's overtime pay requirements. West Virginia mirrors the standards set by the federal Fair Labor Standards Act in requiring overtime pay for "blue collar" workers and first responders, such as: 

  • Carpenters and construction workers
  • Police officers
  • Electricians, plumbers and mechanics
  • Fire fighters and paramedics
  • Longshoremen
  • HAZMAT workers

Thus, if you are an executive, professional or administrative employee, you are legally entitled to overtime pay. 

You can discover more about your employee rights by continuing to explore our site. 

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The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

Toll Free: 866-851-9292
Phone: 304-982-7755
Fax: 304-345-3355
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