What are the rules for paying overtime for salaried employees?
In West Virginia, salaried employees in the private sector who work more than 40 hours in a single workweek must be paid one and one-half times their regular rates of pay for all extra hours over 40. This is what is known as time-and-a-half. However, it is important to note that not all salaried employees are entitled to overtime pay. Those considered as executive, administrative, or professional employees generally are not entitled to overtime under West Virginia law. Whether or not an individual qualifies as an executive, administrative, or professional employee depends on their job duties and salary level. In addition, salaried employees who are considered non-exempt from the Fair Labor Standards Act (FMLA) are also entitled to overtime pay if they work more than 40 hours in a single workweek. The salary level used to determine overtime eligibility is $684 per week, which is equivalent to $35,568 per year. Any salaried employee earning less than this amount is non-exempt and entitled to overtime pay. Employers must keep records of overtime that salaried employees have worked and they must compensate salaried employees for all overtime worked. If an employer fails to do this, they can be held liable for unpaid overtime wages. In conclusion, salaried employees in West Virginia are entitled to overtime pay if they work more than 40 hours a week and they are considered non-exempt from the Fair Labor Standards Act. It is important to double-check if an individual qualifies as an executive, administrative, or professional employee to ensure that they are not missing out on any overtime pay that they may be entitled to.
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