West Virginia Construction Laborer Overtime & Pay Rules
Side-by-side statutory audit of Construction Laborer hourly wages, 1.5x overtime thresholds, shift benchmarks ($22.50/hr median), and meal break penalty pay under W. Va. Code § 21-5C-2.
West Virginia Construction Laborer Paycheck Calculator
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In West Virginia, a Construction Laborer is entitled to a minimum statutory base wage of $8.75/hr (State industry median: $22.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under W. Va. Code § 21-5C-2.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Construction Laborers in West Virginia
Non-Exempt (Eligible for 1.5x Overtime & Davis-Bacon Prevailing Wages)
Manual labor positions cannot be classified as exempt executive or administrative employees under 29 CFR § 541.3.
West Virginia Labor Code & FLSA Authority
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.
Managing payroll or shift workers in West Virginia?
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Audit West Virginia Construction Laborer Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Construction Laborers in West Virginia.