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House Bill 2017 - Mandatory Overtime for Holiday Work

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[The bill discussed in this blog did not pass. If you have further questions on this topic, please contact the author by calling 866.617.4736 or by using our online contact form.]

House Bill 2017 is the first introduced legislation of the 2017 Session to address West Virginia's Minimum Wage and Maximum Hour Standards. Specifically, HB 2017 seeks to require that if an employer, public or private, requires an employee to work a state holiday, then the employee is entitled to time and a half for working that day regardless of whether the employee has worked forty (40) hours in the work week. This proposed legislation, as written, applies to any employee. There is no exception for part-time workers.

West Virginia recognizes the following holidays: New Year's Day (January 1); Martin Luther King Day (third Monday in January); President's Day (third Monday in February); Memorial Day (last Monday in May); West Virginia Day (June 20); Independence Day (July 4); Labor Day (first Monday in September); Columbus Day (second Monday in October); Veterans' Day (November11); Thanksgiving (fourth Thursday in November); Day after Thanksgiving (fourth Friday in November); and, Christmas Day (December 25).

As noted, this proposed legislation applies equally to employers in the public and private sectors. Employers in the private sector traditionally have defined which holidays they will observe and whether they will pay a holiday incentive rate if an employee is required to work. This proposed legislation would eliminate this discretion.

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