West Virginia Wage and hour — Ask HR AI

What changes in West Virginia

Report lookback (context): 7 years (FCRA default). West Virginia applies FCRA. Expunged records under W. Va. Code §61-11-26 must be suppressed.

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"How do I decide whether a salaried operations manager is FLSA exempt? Focus on West Virginia."

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Practitioner steps for West Virginia

Step 1. Pay at least the West Virginia minimum wage — track any WV city minimums (e.g. Seattle, Denver, NYC) that exceed the state floor.
Step 2. Follow the WV overtime rule; several states diverge from the FLSA 40-hour trigger (e.g. California daily overtime).
Step 3. Provide meal and rest breaks per state law and document waivers where allowed.
Step 4. Issue final pay within the WV-required window after separation and include all accrued wages, PTO, and commissions where applicable.

Applicable West Virginia statutes and references

W. Va. Code §61-11-26
W. Va. Medical Cannabis Act
15 U.S.C. §1681 et seq. (federal FCRA)

Frequently asked (federal + West Virginia overlay)

What are the FLSA exemption tests?

An employee is exempt from federal overtime only if they meet all three tests: paid on a salary basis, paid at or above the current DOL salary threshold, and performing exempt executive, administrative, professional, outside sales, or computer duties as defined in 29 CFR Part 541. Job title does not control — actual duties do.

Does California have different overtime rules than federal law?

Yes. California requires daily overtime after 8 hours in a workday and double-time after 12, in addition to the federal weekly 40-hour threshold. Several other states also have daily overtime or seventh-consecutive-day rules.

Do we have to pay for meal breaks?

Under the FLSA, bona fide meal periods of 30 minutes or more are generally unpaid if the employee is fully relieved of duty. State law is often stricter — California requires premium pay if a compliant meal or rest break is not provided.

Is off-the-clock work compensable?

Yes. Time an employer knows or has reason to know the employee is working — including remote email after hours or pre-shift setup — is compensable under the FLSA and virtually every state analogue. A written policy prohibiting off-the-clock work is not a defense on its own.

Same topic in another state

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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.

Wage and hour in West Virginia.