W. Va. Code R. § 135-39-7 - Compensatory/Overtime Provisions

7.1. Non-exempt employees may receive compensatory time off in lieu of overtime pay. All hours worked beyond 371/2 and up to and including 40 hours are calculated at the employee's regular hourly rate. Time worked beyond 40 hours in a work week are to be calculated at a rate of one and one-half times the regular hourly rate.

7.2. A written agreement between the employee and the institution shall exist when the employee chooses compensatory time off in lieu of overtime pay. The written agreement may be modified at the request of either the employee or employer at any time but under no circumstances shall a change in the agreement deny the employee compensatory time heretofore acquired.

7.3. Within 60 days of passage of this rule, institutions shall develop an agreement form for compensatory time accumulation in lieu of overtime payment and shall specify the required approval process which must be completed before a non-exempt employee may work beyond 371/2 hours.

7.4. Employees may accumulate up to two hundred forty (240) hours of compensatory time and shall be paid for all hours worked above the maximum accrual.

7.5. Employees in public safety, seasonal work, and/or emergency response categories may accumulate up to four hundred eighty (480) hours and shall be paid for all hours worked above the maximum accrual.

7.6. Compensatory time must be used within one year of accrual. The use of compensatory time off shall be requested two weeks in advance of the use of the time off. Approval of the request shall be contingent upon whether it will unduly disrupt the operation of the institutional unit.

7.7. Should an individual's employment be terminated, any unused compensatory time shall be reimbursed as follows:

7.7.1. The average regular rate received by such employee during the first three years of the employee's employment; or,

7.7.2. The final regular rate received by such employee, whichever is higher.

7.8. An employee may not work overtime unless approved in advance per institutional policy.

Notes

W. Va. Code R. § 135-39-7