5 Myths About Overtime Pay in West Virginia

Posted on behalf of Stewart Bell, PLLC on Aug 24, 2016 in Employment Law

mechanic workingOvertime is a great benefit for many workers, allowing them to get paid additional wages if they work over 40 hours per week.

There are some exceptions to this general rule, but many employees do not understand them. Some employers take advantage of this confusion and tell workers that they are not entitled to overtime, even when they should receive it.

Below are some quick myths about overtime that can help clarify who should and should not receive it.

  1. Myth: Professionals do not get overtime. Your actual job title has little bearing on whether you are entitled to overtime pay. The law considers what you actually do, not what your employer calls you when considering whether you should get overtime.
  2. Myth: If you are on salary you cannot get overtime. While most salaried workers cannot receive overtime, it has little to do with their salary and more to do with their duties. If your salary is under $455 per week, you may be entitled to overtime pay.
  3. Myth: You can do certain small tasks without being paid overtime. Your employer would love it if they could get extra work out of you without paying overtime. However, the law clearly states that if you qualify for overtime and you work over 40 hours, you should be getting overtime.
  4. Myth: Overtime can be averaged. Your employer must pay you overtime in the week that you earned it. If you worked less the week before, your employer cannot tack on your overtime hours from the following week to make up for the week that you worked fewer hours.
  5. Myth: My employer can give me extra paid time off instead of overtime pay. Employers must pay for your overtime in cash, they cannot compensate you with paid time off. The only time employers are allowed to compensate you with paid time off is when you do not work more than 40 hours.

If your employer is engaging in wage theft by not paying overtime, contact the skilled employment law attorneys at Stewart Bell, PLLC today to learn about your legal rights. We will fight tirelessly to recover any wages you are owed.

Call 304-345-1700 or complete a Free Case Review.

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Stewart Bell, PLLC

30 Capitol St
Charleston, WV 25301

Phone: 1 304-345-1700

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