Employment · West Virginia

Can I sue for unpaid overtime in West Virginia?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in West Virginia?

free route

The Wage and Hour Section of the Division of Labor enforces state wage payment and minimum wage law, but it says on its own page that the payment of overtime wages is preempted by federal statute and therefore enforced by federal agencies. So the overtime half of your claim goes to the federal Wage and Hour Division, and the state office keeps the rest.

source ↗Not yet checked against the statute.

Which court hears a case like this in West Virginia?

which court

Magistrate court

source ↗Not yet checked against the statute.

How much can you sue for in West Virginia small claims court?

small claims limit

$20,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in West Virginia. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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