In West Virginia, employees must be paid one and one-half times their regular rate for any time worked in excess of 40 hours. In addition to an exemption for persons excluded from coverage under the minimum wage law, there is an overtime exemption for vehicle salespersons, partspersons and mechanics.
The mere fact that an employee is participating in any kind of a ridesharing arrangement does not result in the application of the overtime pay law, requiring overtime pay or otherwise regulating the hours the person may work.
Mandatory overtime for nurses. A hospital may not compel a nurse to work overtime if the nurse believes doing so would jeopardize the safety of patients and employees. This provision applies to certified or licensed practical nurses or a registered nurse involved in direct patient care activities or clinical services, but does not include certified nurse anesthetists. This law does not apply to voluntary overtime, when a nurse needs to complete a patient's care already in progress, where a collective bargaining agreement is in place incorporating a procedure for the hospital to require overtime, or when an unforeseen emergency arises. The law also provides that when a nurse works 12 or more consecutive hours, the nurse must be allowed at least eight consecutive hours of off-duty time after shift completion. With certain exceptions, no nurse is to work more than 16 hours in a 24-hour period. The nurse is responsible for informing the employing hospital of other employment experience during the 24-hour period in question. Where an on-call nurse has worked 16 hours in a hospital, the hospital is to make efforts to find a replacement nurse to work. Hospitals are also to designate an anonymous process for patients and nurses to make staffing complaints related to patient safety.