OVERTIME LAWS










Overtime Laws in West Virginia and Ohio
Federal and state overtime laws exist for a simple reason: when you work more than 40 hours in a week, you deserve to be paid at a premium rate for that extra time. Yet overtime violations remain one of the most widespread forms of wage theft in the country. Employers misclassify workers as exempt, manipulate time records, pressure employees to work off the clock, and use other tactics to avoid paying the overtime premium the law requires. At Klie Law Offices, our employment law attorneys help workers throughout West Virginia and Ohio recover the overtime pay they have earned.
We handle overtime cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
The Basics of Overtime Law
Under the Fair Labor Standards Act, non-exempt employees must be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a single workweek. A workweek is defined as a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It does not have to coincide with the calendar week, but it must be consistent. The employer cannot average hours over two or more weeks to avoid overtime obligations.
Both West Virginia and Ohio incorporate FLSA overtime standards into their own state labor laws, providing consistent protections for workers in both states. In cases where state law provides greater protections than federal law, the more protective standard applies.

Who Is Entitled to Overtime?
The default under the FLSA is that all employees are entitled to overtime pay. The question is not who qualifies for overtime but rather who is exempt from it. Employers bear the burden of proving that a specific exemption applies — and if they cannot, the employee must be paid overtime.

Non-Exempt Employees
Most hourly employees are non-exempt and are entitled to overtime. Many salaried employees are also non-exempt and entitled to overtime — being paid a salary does not automatically make an employee exempt. Non-exempt employees must receive overtime pay regardless of their job title, whether they agreed to a flat salary, or whether the employer has a policy against overtime.
Exempt Employees
Certain categories of employees are exempt from overtime requirements. The most commonly applied exemptions are the so-called white-collar exemptions for executive, administrative, and professional employees. To qualify for one of these exemptions, the employee must be paid on a salary basis at or above the minimum salary threshold set by the Department of Labor, and must perform job duties that meet specific criteria defined by the regulations. Both the salary test and the duties test must be satisfied — meeting one but not the other means the employee is non-exempt and entitled to overtime.
Other exemptions apply to certain outside sales employees, certain computer professionals, and employees in specific industries. Each exemption has its own requirements, and the analysis can be complex.
Common Overtime Violations
Overtime violations take many forms. Some are the result of deliberate schemes to avoid paying overtime, while others arise from employer ignorance of the law. Either way, the employee is entitled to recover the unpaid wages.
Misclassification as Exempt
This is the single most common overtime violation. Employers classify employees as exempt from overtime — often by giving them a salaried pay structure and a managerial-sounding title — when the employees do not actually meet the legal criteria for exemption. A "manager" who spends 90 percent of their time performing the same duties as hourly workers is likely not exempt, regardless of what the employer calls them. The legal test focuses on what the employee actually does, not what their title says.
Misclassification as Independent Contractors
Some employers classify workers as independent contractors rather than employees to avoid overtime and other wage obligations. If the employer controls the manner and means of the work — dictating schedules, providing equipment, and supervising how the work is performed — the worker is likely an employee regardless of how they are classified on paper.
Off-the-Clock Work
Employers sometimes require or permit employees to perform work before clocking in, after clocking out, or during unpaid meal breaks. This off-the-clock time must be counted toward the 40-hour threshold and paid at the overtime rate once that threshold is exceeded. Common off-the-clock work includes pre-shift setup, post-shift cleanup, mandatory meetings, and responding to work communications outside of scheduled hours.
Time Shaving and Record Manipulation
Some employers alter time records to reduce the number of hours recorded, keeping employees just under the 40-hour overtime threshold. Automatic rounding systems that consistently round in the employer's favor, manual edits to time entries, and automatic break deductions for breaks that were not actually taken are all forms of time manipulation that can result in unpaid overtime.
Averaging Hours Across Pay Periods
An employer cannot average hours over a two-week pay period to avoid overtime. If an employee works 50 hours in the first week and 30 hours in the second week of a bi-weekly pay period, the employee is entitled to 10 hours of overtime pay for the first week — the employer cannot claim the average was 40 hours per week.
Comp Time Instead of Overtime Pay
Private sector employers generally cannot offer compensatory time off in lieu of overtime pay. While comp time is permitted for certain public sector employees under specific conditions, private employers must pay the overtime premium in cash. An employer that gives you time off instead of paying overtime is violating the law.
Fluctuating Workweek Manipulation
Some employers use the fluctuating workweek method to pay salaried non-exempt employees a reduced overtime rate. This method is only permissible under narrow circumstances, and employers frequently misapply it. If your employer is using this method, an attorney should evaluate whether it is being applied correctly.

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Calculating Overtime Pay
The overtime rate is calculated as one and one-half times the employee's regular rate of pay. The regular rate includes not just the base hourly rate but also certain additional compensation such as non-discretionary bonuses, shift differentials, commissions, and piece-rate premiums. Employers sometimes calculate overtime using only the base rate while excluding these additional components, resulting in an overtime rate that is lower than what the law requires.
Filing an Overtime Claim
Employees who have been denied overtime pay can pursue their claims through several channels. A complaint can be filed with the U.S. Department of Labor's Wage and Hour Division, which can investigate the employer and seek back wages on the employee's behalf. Alternatively, the employee can file a private lawsuit under the FLSA. FLSA claims can be brought individually or as collective actions on behalf of all similarly situated employees, which can be a powerful tool when the employer's overtime violations affect an entire workforce.
The statute of limitations for FLSA overtime claims is two years from the date of the violation, or three years if the violation was willful. Acting promptly is important to maximize the period of recovery.


Damages in Overtime Cases
Employees who prevail in overtime claims are entitled to the full amount of unpaid overtime wages, liquidated damages equal to the amount of unpaid wages (effectively doubling the recovery), prejudgment interest in certain cases, and attorney's fees and costs. The availability of liquidated damages and attorney's fees makes overtime cases viable even when the individual amounts may seem modest, because the employer bears the cost of the employee's legal representation. Employers who retaliate against employees for asserting overtime claims face additional liability.
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West Virginia and Ohio Overtime Differences
While both states largely follow the federal FLSA framework, there are some state-specific considerations. West Virginia's overtime statute generally mirrors the FLSA but applies to employers with six or more employees, potentially covering workers not reached by the federal law. Ohio follows the FLSA overtime framework for most purposes but has its own minimum wage provisions that can affect the regular rate calculation. Our Canton office attorneys are experienced in applying Ohio-specific wage and overtime standards.
Why Choose Klie Law Offices
Overtime cases require attorneys who can analyze complex pay structures, identify misclassification, and calculate the full amount of unpaid wages and damages. At Klie Law Offices, our employment law team has extensive experience handling overtime claims in West Virginia and Ohio. We review pay records, evaluate classification decisions, calculate damages, and pursue recovery aggressively through agency complaints or litigation.


Owed Overtime? Get the Pay You Earned
If you are working over 40 hours a week and not receiving proper overtime pay, you may be entitled to significant back pay and damages. Contact Klie Law Offices for a free case evaluation, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
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Parkersburg
300 Star Avenue, Unit 312
Parkersburg, WV 26101
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Clarksburg
339 W Main St
Clarksburg, WV 26301
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Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
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Canton, OH
4150 Belden Village St NW
Suite 606
Canton OH, 44718
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