Does this calculator decide coverage?

No. The calculator estimates pay from entered hours and verified threshold data; it does not decide exemptions, coverage, industry rules, public-sector rules, or wage-claim deadlines.

Why add only a half-time premium?

Straight time is paid for every entered hour first. Overtime adds only the extra premium required to make overtime hours equal time-and-a-half, which avoids stacking two premiums on the same hour.

State

StateAll West Virginia tools

West Virginia overtime is time-and-a-half after 40 hours in a workweek under W. Va. Code §21-5C; the registry coverage note limits who the state rule reaches. — Source

West Virginia wage and hour

West Virginia Overtime Calculator

Enter weekly hours, regular hourly pay, and includable extra pay to estimate time-and-a-half overtime without stacking two rules on the same hour.

Coverage caution: Applies only to employers with 6 or more non-exempt employees at a separate, distinct, and permanent work location. Employers below this threshold fall under federal $7.25. This means the rule may not apply to every worker. Source.

Enter weekly hours and pay

This calculator reads the verified weekly threshold (40) and multiplier (1.5) from the state registry. It does not decide exemptions.

The West Virginia overtime rule this calculator models

West Virginia overtime is time-and-a-half after 40 hours in a workweek under W. Va. Code §21-5C; the registry coverage note limits who the state rule reaches. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.

Basic formula

regular-rate base = hourly pay for all hours + includable extra pay regular rate = regular-rate base ÷ total hours overtime hours = max(0, total hours − 40) overtime premium = overtime hours × regular rate × (1.5 − 1)

Worked example

One weekly-overtime week

hours worked = 45 weekly threshold = 40 overtime premium hours = 5 gross pay = all straight-time earnings + 5 half-time premiums

What this does not determine

Whether the worker is exempt from state or federal overtime.
Whether the employer is covered by the state rule, the federal FLSA, or both.
Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
Whether a wage claim is timely or which agency process a worker should choose.

State-specific source notes

Statute/source anchor: W. Va. Code § 21-5C.
Agency and wage-claim process: West Virginia Division of Labor. The verified data identifies West Virginia Division of Labor sources but this calculator does not decide final-pay liquidated damages or filing deadlines.
Neighbor contrast: Ohio uses a gross-receipts threshold for its wage floor, while West Virginia’s wage-and-hour coverage turns on employees at a separate permanent work location and FLSA-workforce share.

Sources and verification

The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for West Virginia covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: West Virginia overtime source.

West Virginia overtime law: six-employee per-location threshold and double liquidated damages

West Virginia's overtime law is in W. Va. Code § 21-5C: time-and-a-half for hours over 40 in a workweek. However, West Virginia's coverage threshold is unusual: the state law applies only to employers with six or more non-exempt employees at a single, separate, distinct, and permanent work location. This is a per-location test, not a company-wide headcount — a business with 50 employees across 10 small work sites might not meet the six-employee threshold at any one location.

West Virginia also has a notable final paycheck penalty: W. Va. Code § 21-5-4(e) imposes double liquidated damages for failure to pay final wages on time. An employer who misses the final paycheck deadline owes the worker twice the unpaid amount — a state-specific remedy that applies to final wage disputes.

West Virginia's minimum wage is $8.75 per hour effective January 1, 2016 (W. Va. Code § 21-5C), unchanged for a decade. This is above the federal floor but below neighboring Virginia ($12.77/hr in 2026) and Maryland ($15.00/hr). The West Virginia Division of Labor (labor.wv.gov) enforces the state overtime law and wage payment requirements.

How does West Virginia compare to its neighbors? Virginia has VOWA (VA Code § 40.1-29.2) and a rising minimum wage schedule to $15.00 by 2028. Maryland has a $15.00 statewide rate with county-level tiers above it. Kentucky (KRS 337.285) has a state overtime law plus a seventh-consecutive-day premium (KRS 337.050). Pennsylvania stays at $7.25 minimum wage but has a state overtime law under the Pennsylvania Minimum Wage Act. West Virginia's six-employee per-location threshold is the most restrictive coverage test among its neighbors.

Common questions

Does West Virginia require daily overtime?

West Virginia does not have a verified private-sector daily overtime threshold in this page. The calculator uses the verified weekly threshold from the registry and treats daily scheduling questions as outside this estimate.

Does this calculator decide whether I am covered?

No. Coverage can depend on employer size, FLSA coverage, job duties, public-sector status, industry, or other exemptions. The result is a pay estimate for entered hours using the verified rule, not a legal coverage determination.

Why does the calculator add only a half-time premium?

The gross-pay method pays straight time for every hour first. Overtime is then the extra premium needed to bring overtime hours to time-and-a-half. That avoids paying the same overtime hour twice.

What source does this page use?

The page reads West Virginia overtime threshold, multiplier, and source URL from the shared state registry. The visible source link in the fact block points to the state-specific source recorded for this rule.