West Virginia minimum wage laws require employees be paid for all hours worked. Hours worked is defined to include all time during which an employee is necessarily required to be on the employer’s premises on duty or at a prescribed workplace. It also includes all time an employee spends in physical or mental exertion under control or direction of his or her employer and any work not requested but allowed or permitted to be performed. Hours worked does not include time spent changing clothes or washing at the beginning or end of each workday, unless there is a contract, custom, or practice to the contrary or it is indispensable to the employees’ work; time spent in walking, riding, or traveling to and from the place an employee’s principal work activities will be performed; and time spent in activities prior to or after principal activities are performed. WV Code 21-5C-1(h); WV Admin. Code 21-2C-9.1-9.6.
West Virginia minimum wage laws define a workweek as a regularly recurring period of 168 hours which is the equivalent of seven consecutive 24-hour periods. The workweek does not need to coincide with the calendar week and may begin on any day of the calendar week and at any hour of the day. WV Code 21-5C-1(g).
West Virginia minimum wage laws require employers to count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements if the employee is, based on the fact, engaged to wait. WV Admin. Code 21-5C-9.7
West Virginia minimum wage laws require employers to count time spent by employees on-call as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain on or so near the employer’s premises or their home that they cannot use the time effectively for their own purposes. Employers do not need to count on-call time as hours worked if employees are not required to remain at the employer’s premises and are merely required to leave word at their home or with their employer where they may be reached. WV Admin. Code 21-5C-9.10
When employees are required to be on duty for 24 hours or more, West Virginia minimum wage laws allow employers and employees to enter into an agreement that permits employers to exclude bona fide meal periods and regularly scheduled sleeping periods from the employee’s hours worked. The bona fide sleeping periods that may be excluded from hours worked may not exceed eight (8) hours and the employer must provide the employee with adequate sleeping facilities where the employee can usually enjoy an uninterrupted sleep period. Any interruptions to the sleeping period where the employee must perform job duties is considered hours worked. The entire sleep period must be counted as hours worked should the interruptions prevent employees from getting a reasonable nights sleep. WA Admin. Code 21-5C-9.11
West Virginia minimum wage laws do not address when employers are required to count time spent traveling as hours worked for purposes of its minimum wage and overtime requirements. The standards set forth by the federal Fair Labor Standards Act related to travel time may provide reasonable guidance.
Meeting, lecture, and training time
West Virginia minimum wage laws do address when employers must count time spent by employees in meetings, lectures, or training as hours worked for purposes of its minimum wage and overtime requirements. The standards set forth by the federal Fair Labor Standards Act related to meeting, lecture, and training time may provide reasonable guidance.
Show up or reporting time
West Virginia minimum wage laws do not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.