Employee Classification: West Virginia

This item is part of Employee Classification.

The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC


  • Several types of employees are exempt from West Virginia's minimum wage and overtime requirements. The exemption criteria are similar but not identical to federal criteria. See Minimum Wage and Overtime Exemptions.
  • Certain vehicle salespersons, parts persons and mechanics are exempt from West Virginia's overtime requirements, but not its minimum wage requirements. See Overtime-Only Exemptions.