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WV Salary vs. Overtime West Virginia (Employment & Labor Law)

Mon, 13 Jul 2009 10:11:00 GMT

Hello All,

This is my first post, so please bear with me.

I am employed as a Plant Supervisor for a Utilities Company that is currently contracted to build electric transmission lines from Pittsburgh PA to Winchester, VA, running primarily through West Virginia.

My direct duties include running and maintaining a concrete batch plant with 11 trucks, batching concrete, testing concrete, handling all fo the billing, interfacing with the customer, etc.

I am on a 6-day work schedule, beginning at 5:30 am every day, and I work 70-90 hours per week.

I am a salaried employee. I work way too many hours for salary to be fair in my opinion.

Do I have any recourse in this matter?

thanks,

T

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  • Mon, 13 Jul 2009 10:46:00 GMT(1)
  • Salaried is only a pay method and means nothing in and of itself. What matters is exempt or non-exempt.

    If you are an exempt employee, then there are no circumstances whatsoever under which you are entitled by law to overtime.

    If you are a non-exempt employee, then you must be paid overtime for any hours over 40 in a week.

    But regardless of whether you are exempt or non-exempt, you work the hours your employer tells you to work. WV is not one of the two states (only) that limits the number of hours you can be required to work in a week/pay period.
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