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Employee Classification: West Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Summary

Several types of employees are exempt from West Virginia's minimum wage and overtime requirements. The exemption criteria are similar but not identical to federal criteria. See Minimum Wage and Overtime Exemptions.
Certain vehicle salespersons, parts persons, mechanics and seasonal amusement park employees are exempt from West Virginia's overtime requirements, but not its minimum wage requirements. See Overtime-Only Exemptions.

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About This Resource

Jurisdiction

West Virginia

Status

This resource is kept under review and updated in line with developments.

Updates

Updated to reflect an increase in the minimum salary for overtime-exempt executive, administrative, learned professional, creative professional and computer professional employees, effective May 1, 2024.