Is overtime pay mandatory in West Virginia?
The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 in a work week.
Overtime work. – Work may be performed beyond eight hours a day or 48 hours a week provided that the employee is paid for the overtime work, an additional compensation equivalent to the regular wage plus at least 25 percent thereof.
Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. External salespeople (who often set their own hours) are also exempted from WV overtime requirements, as are some types of computer-related workers.
(a) On and after July 1, 1980, no employer shall employ any of his employees for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate of not less than one and one-half times the regular rate at which he is employed.
Wages and breaks
The current minimum wage in West Virginia is $8.75. The minimum wage rate for tipped employees is $2.62. State law requires employers to pay non-exempt employees an overtime rate of 1 ½ their regular rate for all hours worked in a workweek in excess of 40.
Employers are required to provide their employees that work six or more hours with the minimum of a twenty minute meal/break period unless the employee is already being provided a lunch or break period, or is allowed to eat while working.
[(iv) ] the total number of hours of overtime shall not exceed fifty for any one quarter.
Overtime hours
If overtime is needed, you must agree to it and may not work for more than 12 hours a day or more than 10 hours overtime a week. Please note that a collective agreement can be made to increase this to 15 hours a week, but only for up to 2 months a year.
Federal pay policy states overtime is due when an employee works eight or more hours of approved overtime per day. The policy also states overtime pay accrues for 40 or more hours of approved overtime in a week.
Normal Working Hours
Employees regular hours of work in a workweek is 40 hours. West Virginia minimum wage laws require employers to count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements if the employee is, based on the fact, engaged to wait.
How many hours between shifts is legal in WV?
Right to rest between work shifts. (a)(1) An employee may decline, without penalty, any work hours that are scheduled or 1 otherwise occur: 2 (A) Less than 11 hours after the end of the previous day's shift; or 3 (B) During the 11 hours following the end of a shift that spanned two days.
May not work before 7 a.m. or after 9 p.m. May work up to 8 hours per day. May work up to 40 hours per week.
Generally, no employee may be compelled to render overtime work against his will because it will constitute involuntary servitude. However, an employee may be compelled to render an emergency overtime work. What is an Emergency Overtime Work?
While employers may be concerned by the recent naming and shaming, unless the employee's contract entitles them to be paid for overtime, unpaid overtime is not illegal.
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
West Virginia, like most states, is an “at-will” employment state, which means an employer can dismiss a worker for nearly any reason, or for no reason at all. But there are some exceptions to this rule, and some layoffs do constitute wrongful termination.
West Virginia law does not require rest breaks. If, however, an employer allows employees to take rest breaks, those breaks must be paid unless they are more than 20 minutes long.
While some states have labor regulations requiring that employees be allowed one or more workday rest periods, the West Virginia government has no such regulations. Therefore, in West Virginia, any breaks or rest periods are provided to employees at the discretion of the employer.
You're usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day. 12 hours rest between each working day. 2 rest days per week.
As such, compared to other states in the U.S., West Virginia has the 30th highest minimum wage and the current minimum wage is $8.75 per hour.
Is WV an OSHA state?
West Virginia adopted the Federal Occupation Safety and Health Administration's standards that were in effect April 15, 1998 to ensure that state agencies abide by Federal OSHA's regulations to provide a place of employment which is free from recognized hazards which could cause death, serious physical harm, or serious ...
Multiple studies have also found several serious risks from working long hours. Overtime can cause a higher risk of depressive disorders, suicidal ideation, anxiety and hypertension.
Lunch break is unpaid time and is the employee's own time - he/she and read a book, go shopping, etc because they are not paid for lunch breaks.
When California law requires an employer to pay overtime, the usual overtime rate of pay is one and one-half the employee's regular rate of pay.
In the case of mandatory overtime, an employer may reprimand, demote, or even fire an employee for not appearing for legal mandatory overtime hours. Similarly, an employer may reprimand, demote, or fire an employee for working unauthorized overtime hours.
South Africa has three main labour laws, namely the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act.
An overview of Sunday working. For the majority of workers in England and Wales, there are no statutory restrictions regulating days of the week they are required to work. However, since 1994 retail and betting shop workers cannot be compelled to work on a Sunday.
Calculate the Employee's Overtime Rate An employee's overtime rate is 1.5 times their hourly wage. If an employee is working at $20 an hour, their overtime rate would be $20 x 1.5 = $30.
What's time and a half of 17.00? You make $17.00 normally. Time and a half is $25.50 an hour.
Weekly rest period ('days off')
You have the right to either: A weekly rest period of 24 consecutive hours in any 7 days, following a daily rest period (should be a Sunday, unless your contract says something different)
What is WV Code 21?
No employer or owner shall refuse to admit the commissioner of labor or his or her authorized representative when they so seek admission to his place of employment, public building, or place of public assembly.
Definition of Full-Time Employee
For purposes of the employer shared responsibility provisions, a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.
An employee may file a lawsuit for wrongful termination in WV if an employer terminates employment based on wage or schedule issues that are protected by law.
Work Hours in Virginia
There are no laws governing how many hours or days a week Virginia employees over the age of 16 are allowed to work. There are no federal guidelines, either.
Right-to-Work Laws
West Virginia is a right-to-work state. Therefore, no employee can be required to join a union as a condition of employment.
“Posted work schedule” means the written notice of work hours required to be provided no later than 14 days before the first day of any new schedule pursuant to §21-17-2(c) of this code.
§21-5C-1.
(a) "Commissioner" means the Commissioner of Labor or his or her duly authorized representatives. (b) "Wage and hour director" means the wage and hour director appointed by the Commissioner of Labor as Chief of the Wage and Hour Division.
In addition to the employee's illness, injury, and medical appointments, employees are permitted up to a total 80 hours of accrued sick leave per calendar year for illnesses/injuries/medical appointments of immediate family members, and up to 3 days for each occurrence of a death in the immediate family.
§ 201, et seq. Like the FLSA, the Overtime Act obligates employers to pay one and one-half times an employee's regular rate of pay for hours physically worked in excess of 40 in a workweek.
As a general rule, employees may not be compelled to work in excess of eight hours on any given day against his will.
Can you get fired for refusing to work overtime in Virginia?
At-will employment means that either party—the employer or the employee—can terminate the employment relationship at any time or for any reason so long as the reason isn't illegal. So, to answer the question posed above—yes, your employer can fire you for refusing to work overtime.
FAIR LABOR STANDARDS ACT EXEMPTIONS
Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week.
While employers may be concerned by the recent naming and shaming, unless the employee's contract entitles them to be paid for overtime, unpaid overtime is not illegal.
You have a right to say no but if you say no without a good reason, it might damage your relationship with your boss. They might try to change the working hours in your contract. Whether your employer can make changes will usually depend on your contract and whether you agree to the change.
It is illegal to not pay overtime to hourly, or non-exempt, employees if they work more than 40 hours in a workweek. These employees are legally owed 1.5x their regular rate of pay for any overtime hours worked, according to the Fair Labor Standards Act (FLSA).
[(iv) ] the total number of hours of overtime shall not exceed fifty for any one quarter.
You're usually entitled to: a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day. 12 hours rest between each working day. 2 rest days per week.
Overtime is calculated after an additional thirty (30) minutes has been worked beyond the regular working schedule.
If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked. Applies to retail establishments.
At-Will Employment
The short answer is that, yes, you can fire an employee for refusing to work overtime. As long as the reason for firing an employee isn't discriminatory or retaliatory as prohibited by law, "at-will employment" means that you can fire your employee at any time for any reason.
How do you say no to extra work hours?
Give a reason; be genuine and straightforward
Explain what other tasks you're currently occupied with so that your boss or coworker understands that you're not just being lazy and actually have something on your plate already. Talk about the upcoming deadlines you need to meet.
Once state jurisdiction is established, non-exempt employees must be paid an overtime rate of one and one-half times their regular hourly rate for all hours actually worked over forty within the same seven consecutive day workweek.