Overtime And Wage Issues

According to the Fair Labor Standards Act, workers nationwide, including in West Virginia, are entitled to no less than the minimum wage for the first 40 hours worked in one week. Employers must pay any additional work hours at an overtime rate of no less than one and a half times the employee’s regular wage rate. Understanding the terms in…

For hourly workers who receive a minimum wage and no tips, it is often easy to calculate how much overtime an employer owes when the employee works more than 40 hours a week. Overtime pay is typically one and a half times the worker’s regular rate. For tipped employees, however, this can get complicated. Employers may pay tipped workers less than the minimum wage as long…

Residents and workers in West Virginia may want to know more about the process for filing wage and hour claims if their employers have not complied with the law. This may be in regard to wages, hours, and other conditions. The Wage and Hour Division of the U.S. Department of Labor enforces the laws of the Fair Labor Standards Act…

The definition of an employee is evolving as gig workers and independent contractors discover the benefits of working on their own. No longer do the old nine-to-five Monday through Friday standards fit many of today’s workers. Unfortunately, West Virginia employers do not always keep up with these kinds of changes, leading to the misclassification of many workers. This can leave…

Most employees expect to be compensated for their work with a regular salary or an hourly wage. However, in some situations, an employer may offer per diem pay. What does this mean, and how might it effect an employee’s wage and hour rights? Per diem literally means “by the day.” It is an option some employers may use to pay…

Many employers regard sleeping on the job as a bad thing. However, certain industries require their employees to get some rest throughout their shifts. Most of these include occupations where employees have to be at their workplaces for long periods of time. A few examples of the types of eligible employees include truck drivers and airline pilots. So, for those…

In the workplace, classifying employees and categorizing wages can make all the difference on payday. For example, West Virginia employees who are uncertain whether their compensation is by salary, hourly wages, tips or commissions may not understand why their paychecks do not amount to what they were expecting. They may also find it difficult to support claims if filing a…

You may be one of the many people in West Virginia and beyond who is an hourly worker. This means that you receive payment by the hour rather than working on salary. You may not mind payment for hours worked rather than a lump sum because you earn a good wage. However, you may still be missing out on some…

Employers are required by law to pay their workers fair wages for every hour they work. It may seem like an obvious statement, but apparently not every employer knows or is willing to comply with this rule. Additionally, the Fair Labor Standards Act requires employers to pay time and a half when an employee works more than 40 hours in…

Time is money for those who are paid by the hour. Often, West Virginia employees receive their weekly schedule and calculate how much money they can expect to earn based on the hours they will work. Picking up an extra shift means a bigger paycheck unless those employees are victims of misclassification. Who are nonexempt employees? Employees who work more…