Workers Exempt from West Virginia Minimum Wage

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Overtime pay under new Minimum Wage bill

The new minimum wage law that goes into effect Jan. 1, 2015 would require all workers to be paid for overtime if they work more than 40 hours in one week. Currently, workers like firefighters, health care workers and seasonal workers with unusual schedules are exempt from laws that require that overtime. Firefighters, for example, work 24-hour shifts and are typically scheduled for two shifts each week, so their workweek is 48 hours. That would mean under the new law that they would be paid at least 8 hours in overtime. Gov. Tomblin wants to put those exeptions back in the bill in June 2014, before the law takes effect in 2015.

Currently you are exempt from the Virginia Minimum Wage if you are:

  • employed by the United States;
  • engaged in the activities of an educational, charitable, religious, fraternal or nonprofit organization where the employer-employee relationship does not in fact exist, or where the services rendered to such organizations are on a voluntary basis;
  • a newsboy, shoeshine boy, golf caddy, pinboy or pin chasers in bowling lanes;
  • a traveling salesmen and outside salesmen;
  • performing services in the employ of your parent, son, daughter or spouse;
  • employed in a bona fide professional, executive or administrative capacity;  
  • employed for the purpose of on-the-job training;
  • having a physical or mental handicap so severe that it is preventing employment or employment training in any training or employment facility other than a nonprofit sheltered workshop;
  • employed in a boys or girls summer camp;
  • sixty-two years of age or over and receiving old-age or survivors benefits from the social security administration;
  • employed in agriculture as the word agriculture is defined in the Fair Labor Standards Act;
  • employed as a fire fighter by the state or agency thereof;
  • usher in a theater; 
  • employed on a part-time basis and you are a student in any recognized school or college;
  • employed by a local or interurban motor bus carrier;
  • so far as the maximum hours and overtime compensation provisions are concerned, any salesman, parts man or mechanic primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, aircraft if employed by a non-manufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers;
  • an employee with respect to whom the United States department of transportation has statutory authority to establish qualifications and maximum hours of service;
  • employed on a per diem basis by the Senate, the House of Delegates, or the joint committee on government and finance of the Legislature of West Virginia;
  • employed as a seasonal employee of a commercial whitewater outfitter where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum wage provisions.
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