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Employee Classification: West Virginia

Employee Classification requirements for other states

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

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC


  • 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.