Millions Recovered
For Unpaid Workers
West Virginia's $8.75 minimum beats federal, and state law covers employers with 6+ workers at one location. Miners, gas crews, and healthcare workers: see what you're owed.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
West Virginia's wage law (W. Va. Code § 21-5C-3) requires overtime after 40 hours for employers with 6 or more employees at one location — and federal FLSA covers most everyone else. The state minimum wage is $8.75, 21% above federal. The Wage Payment and Collection Act adds strict timing rules for paychecks and final wages.
| Provision | West Virginia Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hours/week (§ 21-5C-3) | 40 hours/week | Same standard |
| Minimum Wage | $8.75/hr | $7.25/hr | West Virginia (21% higher) |
| Employer Coverage | 6+ employees at one location | Generally $500K+ revenue or interstate commerce | Together they cover nearly everyone |
| Statute of Limitations | Wage recovery limited to 2 years preceding suit (§ 21-5C-8) | 2 years (3 if willful) | Federal willful claims can reach further |
| Final Paycheck Rules | WPCA: final wages due by next regular payday; liquidated damages for violations | No equivalent | West Virginia only |
| Tipped Minimum | $2.62/hr (70% tip credit max) | $2.13/hr | West Virginia (higher) |
FLSA + W. Va. Code § 21-5C
Underground travel from the portal to the working face is compensable for miners. Surface workers' mandatory gear-up and safety checks count too. These minutes add up to thousands in unpaid overtime.
FLSA § 778.112
Marcellus and Utica shale crews paid day rates for 60-80 hour weeks are almost always owed overtime on top — the day rate covers straight time only.
WPCA — W. Va. Code § 21-5-4
When you quit or are fired, all wages (including accrued benefits owed) must be paid by the next regular payday. Violations trigger liquidated damages on top.
W. Va. Code § 21-5C-2
West Virginia's minimum is $8.75. Covered employers paying the federal rate owe the difference for every hour worked.
29 C.F.R. Part 541
A salary and a title don't eliminate overtime rights. You must earn at least $684/week AND perform true executive, administrative, or professional duties.
FLSA economic reality test
Gas field hands, truck drivers, and construction crews labeled "contractors" while controlled like employees are owed overtime and minimum wage.
Violations: Unpaid portal-to-portal travel, gear-up time, pre-shift safety meetings — classic compensable time violations.
Violations: Day rates without overtime, misclassified consultants, unpaid travel between well pads.
Violations: Automatic lunch deductions while working, off-the-clock charting, mandatory unpaid training at hospitals and care homes.
Violations: 1099 misclassification, day rates with no OT, unpaid travel between job sites.
Violations: Misclassified drivers, unpaid loading/wait time, shaved hours.
Violations: Tips not bringing pay to $8.75, illegal tip pools, unpaid side work.
1.5x your regular rate over 40 hours; shortfalls to $8.75/hr
FLSA claims add an equal amount on top — doubling the federal portion of your recovery
Late final paychecks trigger additional liquidated damages under the Wage Payment and Collection Act
§ 21-5C-8 lets the court assess costs and reasonable attorney fees against the employer
State wage recovery is limited to the 2 years before you file suit (§ 21-5C-8). Federal FLSA willful claims can reach back 3 years — pairing both claims preserves the most money, but only if you act before pay periods expire.
⚠️ Every payday you wait, the oldest week falls off your claim.
West Virginia adds a higher wage floor, strict paycheck timing rules, and fee-shifting on top of federal protections — with the strongest claims coming from the state's mining and gas economy.
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Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.