StatePayRules.com Labor & Compliance Utility Hub
EN ES
Find State Tool →
2026 Verified Statute • WV

West Virginia Overtime & Paycheck Calculator

Statutory Authority W. Va. Code § 21-5C-2
Min Statutory: $8.75
$
48 hrs
1 hr (Part-Time) 40 hrs (Standard) 84 hrs (Heavy OT)
Advanced Tax & Paycheck Deductions (Optional) ▼
Total Estimated Gross Pay
$0.00
Statutory Gross Pay (Verified against US WHD Standards)
Regular Pay (0 hrs @ 1.0x): $0.00
Overtime Pay (0 hrs @ 1.5x): $0.00
Est. FICA Tax (7.65%): -$0.00
Est. WV State Tax: -$0.00
Estimated Net Take-Home: $0.00
Dynamic Earnings Ratio

Visual Pay Composition Breakdown

Statutory Pay Ratio
70%
20%
10%
Regular Pay (1.0x)
$0.00
Overtime Pay (1.5x)
$0.00
Double Time (2.0x)
$0.00
Statutory Compliance Overview

West Virginia Labor Code & FLSA Authority

Official WV Department of Labor Portal

Statutory Citation: W. Va. Code § 21-5C-2

West Virginia minimum wage is $8.75/hr ($2.62 tipped direct wage). Weekly overtime required at 1.5x over 40 hours.

Employee Statutory Rights (WV)

  • ✓ Minimum wage of $8.75/hr.
  • ✓ 1.5x regular pay for hours over 40 per workweek.
  • ✓ Protection under WV Wage Payment and Collection Act.

Employer Mandatory Obligations (WV)

  • § Pay tipped staff at least $2.62/hr direct cash wage.
  • § Pay wages at least biweekly.
  • § Reimburse tip credit shortfalls.

Common West Virginia Payroll Compliance Traps & Audit Penalties

⚠️

Tip credit shortfalls.

⚠️

Delayed wage payments.

⚠️

Illegal deductions.

Did Your Employer Violate West Virginia Labor Law?

30-Second Diagnostic • Sourced from W. Va. Code § 21-5C-2

Never Miss an Overtime Dollar or Statutory Rate Update

Set weekly payday audit reminders & West Virginia labor code alert updates

100% Free Public Utility
No Email? Add 1-Click Calendar Reminder

Add a recurring Friday payday paystub audit reminder directly to your phone calendar.

Employer Statutory Violation & Penalty Risk Audit

Department of Labor & State Compliance Fine Exposure in West Virginia

Unpaid Overtime Penalty 100% Liquidated Damages

Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.

Meal / Rest Break Violation Statutory Back Pay

1 hour regular rate premium pay per workday missed under state law.

Late Final Wage Penalty Up to 30 Days Daily Wage

Waiting time statutory penalties for delayed final paycheck settlement.

Need to manage West Virginia shift workers without compliance errors?

Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll.

Try Gusto Payroll Free →

FLSA & WV Overtime Exemption Checklist

Determine if an employee is legally exempt from overtime under state and federal law

Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).

Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.

Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.

💡 Select all 3 checkboxes above to verify if your role meets FLSA exempt employee criteria.
B2B Payroll Compliance

Managing payroll or shift workers in West Virginia?

Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.

Try Gusto Payroll Free →

Embed This West Virginia Calculator on Your Website

FREE WEB WIDGET • NO CODE REQUIRED

HR blogs, news portals, and labor websites can embed this interactive 2026 West Virginia wage tool for free using the code snippet below:

Statutory Compliance Internal Mesh

West Virginia Statutory Guides

Compare West Virginia Pay Rules

West Virginia Profession Tools

Davis-Bacon Prevailing Wages