West Virginia Nonexempt Employee Time Report
Description
How to fill out Nonexempt Employee Time Report?
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FAQ
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
If you are a non-exempt employee, your employer must pay you at least the federal minimum wage (currently $7.25 per hour in Texas and under federal law) and must pay you overtime pay at a rate of at least one and a half times your hourly pay rate for all hours worked over 40 in each workweek.
West Virginia requires employers to pay employees overtime of 1 1 / 2 times their regular rate for all hours worked in excess of 40 in a workweek (WV Code Sec. 21-5C-3). West Virginia does not generally limit the number of hours an employee may work, unless the employee is a minor.
What is the requirement? Employers are required to provide their employees that work six or more hours with the minimum of a twenty minute meal/break period unless the employee is already being provided a lunch or break period, or is allowed to eat while working.
Right to rest between work shifts. (a)(1) An employee may decline, without penalty, any work hours that are scheduled or 1 otherwise occur: 2 (A) Less than 11 hours after the end of the previous day's shift; or 3 (B) During the 11 hours following the end of a shift that spanned two days.
You shouldn't have to work more than an average of 8 hours in each 24-hour period, averaged out over 17 weeks. You can work more than 8 hours a day as long as the average over 17 weeks is no more than 8. Your employer can't ask you to opt out of this limit.
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
Work Period: Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a work period basis. A work period may be from 7 consecutive days to 28 consecutive days in length.
West Virginia law requires that employers with six or more employees in one location pay nonexempt employees one-and-one-half times their regular pay rate for all hours worked in excess of 40 hours per week.
Full-Time in West Virginia? There is no law in West Virginia that says how many hours you need to work to be full-time or part-time. Each company will have to set those hours for themselves.
