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
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?
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
Misclassification as Exempt
Misclassification as Independent Contractors
Off-the-Clock Work
Time Shaving and Record Manipulation
Averaging Hours Across Pay Periods
Comp Time Instead of Overtime Pay
Fluctuating Workweek Manipulation
Client Reviews
Calculating Overtime Pay
Filing an Overtime Claim
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
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
Buckhannon, WV 26201
Parkersburg
Parkersburg, WV 26101
Clarksburg
Clarksburg, WV 26301
Morgantown
102, Morgantown, WV 26508
Canton, OH
Suite 606
Canton OH, 44718
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.

























