W. Va. Code R. § 42-8-6 - Employers Exempt from the Maximum Hour and Overtime Provisions of the Act

6.1. The following employers are exempts from the provisions of the Act if 80% or more of their employees are subject to any federal act relating to maximum hours and overtime compensation:

6.1.1. The State of West Virginia, its agencies, departments, and political subdivisions; and

6.1.2. An individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee.

6.2. When the Division opens an investigation or otherwise inspects an employer, the Division shall determine whether 80% or more of an employer's employees are subject to any federal act relating to maximum hours and overtime compensation by considering first whether the employer is a covered enterprise as defined in federal law, and then, if the employer is not a covered enterprise, by considering the actual job duties of each non-exempt employee.

Notes

W. Va. Code R. § 42-8-6