West Virginia has no state overtime law, so federal FLSA rules decide your pay. Enter your rate and hours for a West Virginia paycheck estimate: 1.5 times pay after 40 hours a week, no daily overtime, an $8.75 minimum wage, and a 2026 income tax cut to 4.58 percent at the top.
Rules verified November 2026 · Sources: U.S. Department of Labor and West Virginia Division of Labor
By Mudassir Khan
Federal FLSA rules, West Virginia framing. Each workweek stands alone.
West Virginia claims must be filed within 2 years, and recovery is limited to wages due within 2 years. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
West Virginia has no state overtime statute, so the Fair Labor Standards Act decides overtime directly: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek.
The state minimum wage applies to employers of 6 or more employees at one location. Smaller or uncovered employers follow the federal $7.25 floor.
SB 392 cut every state income tax rate retroactive to January 1, 2026, with the top rate falling to 4.58%. Overtime dollars earned in 2026 are taxed at these lower rates.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | West Virginia |
|---|---|
| Overtime rule | Federal FLSA only: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $8.75 (employers of 6 or more at one location; tipped cash wage $2.62) |
| State income tax | Graduated 2.11% to 4.58% for 2026, cut by SB 392 |
| Claim agency | West Virginia Division of Labor, Request for Assistance (plus federal DOL) |
| Claim deadline | 2 years; recovery limited to wages due within 2 years under §21-5C-8 |
| Worker | Math | Gross |
|---|---|---|
| $8.75/hr, 50 hours | $350 + 10 × $13.13 | $481.25 |
| $15/hr, 48 hours | $600 + 8 × $22.50 | $780.00 |
| $20/hr, 55 hours | $800 + 15 × $30 | $1,250.00 |
| $9/hr, 40 hours in four 10 hour days | 40 × $9, no overtime | $360.00 |
Example 4 is the West Virginia trap: the same four 10 hour days would earn 8 overtime hours in California. In West Virginia they earn none, because only the weekly 40 hour line counts.
The 2026 tax cut. SB 392 cut every bracket roughly 5% retroactive to January 1, 2026, so the top rate dropped from 4.82% to 4.58%. Overtime pay earned in 2026 is taxed at these lower rates, and the law sets up automatic future cuts when revenue targets are met.
Treble damages under state law. The Wage Payment and Collection Act lets workers recover strong penalties from employers who do not pay, so unpaid overtime can cost an employer far more than the missing wages.
Final pay moves fast. Terminated workers must get final wages within 4 business days, and resigning workers by the next regular payday, which matters when overtime weeks are the disputed pay.
Like West Virginia, Ohio and Pennsylvania run on federal overtime law alone: our Ohio overtime calculator and Pennsylvania overtime calculator show the same math in neighboring states. The federal baseline is explained in the FLSA overtime rules guide.
No. West Virginia has no state overtime statute, so the federal Fair Labor Standards Act decides overtime for West Virginia workers: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees.
$8.75 an hour for employers of 6 or more employees at one location. Smaller or uncovered employers follow the federal $7.25 floor. The tipped cash wage is $2.62 an hour.
File a Request for Assistance with the West Virginia Division of Labor, or complain to the Wage and Hour Division of the U.S. Department of Labor, or sue in court. Claims must be filed within 2 years.
No. West Virginia has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.
Yes. West Virginia has a graduated income tax of 2.11% to 4.58% for 2026 after the SB 392 rate cut, so overtime pay is taxed by the state on top of federal income tax plus Social Security and Medicare taxes.
Yes, if nonexempt. A salary alone does not remove overtime rights in West Virginia. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the West Virginia framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a West Virginia paycheck? Try the deduction calculator; with the 2026 rate cut, the federal deduction stretches further here.