Exemptions: Overtime & minimum wage - West Virginia

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

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. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The following individuals are exempt from the West Virginia minimum wage and overtime provisions: federal employees, newsboys, shoeshine boys, golf caddies, pin boys at bowling alleys, outside sales people, those in executive, administrative or professional positions, firefighters, theatre ushers, and employees of local or interurban bus carriers.

In addition, certain individuals are exempt from overtime provisions: sales people, partsmen or mechanics who work for auto, truck, trailer, farm or aircraft dealerships, employee over whom the federal DOT has authority for hours of service, certain employees of the West Virginia legislature, and seasonal employees of commercial whitewater outfitters.

State

Contact

West Virginia Division of Labor Wage and Hour Section

Regulations

West Virginia Code
Chapter 21
§21-5C-1 Definitions

Administrative Law Title 42, Series 8, §42-8-8. Specific exemptions and other special requirements

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees