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Overtime: West Virginia

Overtime requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

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


  • West Virginia computes overtime compensation in the manner provided for in the FLSA. See Overview.
  • Gifts, payments for leave and other sums need not be included in the regular rate. See The Regular Rate.
  • West Virginia law includes provisions for compensatory time taken by county and municipal employees. See Compensatory Time.
  • With proper notice, cities may establish a maximum estimated annual compensation for firefighters. See Firefighters and City Police Officers.