Are employers obligated to provide compensatory time for overtime?

In West Virginia, employers are not required to provide compensatory time (time off in lieu of overtime pay) for overtime. The Fair Labor Standards Act (FLSA) does not require employers to provide compensatory time for overtime hours, and West Virginia follows that principle. Employees may be covered by the FLSA depending on their position and the type of work they do, and the FLSA sets limits on the number of hours an employee may work in a week and requires that employers pay overtime for any hours over 40 worked in a given week. However, the FLSA does not require employers to offer compensatory time in lieu of that overtime pay. Some employers may choose to do so as an incentive to employees, but this is not a requirement under West Virginia labor laws. For union workers, compensatory time may be a part of a new collective bargaining agreement. If a union worker has agreed to receive compensatory time for overtime, then the employer must provide it. However, in West Virginia, there is no requirement that employers provide compensatory time to employees, even if they are covered by the FLSA.

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Are employers obligated to provide compensatory time for overtime?

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