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West Virginia Highway Prevailing Wage Survey 2026: Contractor Guide

The Wage and Hour Division launched a statewide highway construction wage survey for West Virginia. Contractor participation can influence future Davis-Bacon wage and fringe-benefit determinations.

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West Virginia Highway Prevailing Wage Survey 2026: Contractor Guide

Quick answer: The survey collects wage and fringe data for highway construction performed from August 3, 2025 through November 2, 2026, with submissions accepted from August 3 through November 2, 2026.

Why the survey matters

Davis-Bacon wage determinations are based on wages and fringe benefits paid on similar local construction. Strong participation helps rates reflect actual market conditions.

Key dates

Who should participate

Prime contractors, subcontractors, unions, trade groups, public agencies, and other parties with relevant highway construction data can participate.

Data needed

Overtime impact

Davis-Bacon rates establish prevailing basic wages and fringes. CWHSSA and the FLSA separately determine overtime. The survey rate should not be treated as an overtime-inclusive amount.

Frequently Asked Questions

What construction type is surveyed?

Highway construction in West Virginia.

What is the data period?

August 3, 2025 through November 2, 2026.

When are submissions accepted?

August 3 through November 2, 2026.

Do fringes matter?

Yes.

Does the survey set overtime?

No, separate laws govern overtime.

Official Sources

This article is for general educational purposes and is not legal, tax, accounting, payroll, or employment advice. Rules can change and may differ by state, locality, occupation, employer, and employee circumstances.

Reviewed for accuracy by the OvertimePayUSA editorial team using official labor sources such as the U.S. Department of Labor and state agencies.
Official Sources

This calculator is for educational purposes only. Consult your employer or a labor attorney for advice specific to your situation.

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Frequently Asked Questions

Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.
What construction type is surveyed?
Highway construction in West Virginia.
What is the data period?
August 3, 2025 through November 2, 2026.
When are submissions accepted?
August 3 through November 2, 2026.
Does the survey set overtime?
No, separate laws govern overtime.
⚖️ Statutory Legal Authority: Overtime pay calculations strictly follow the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207 and U.S. Department of Labor (WHD) Regulations 29 C.F.R. Part 778. State daily overtime rules comply with California Labor Code § 510, Colorado COMPS Order #38, and Alaska Stat. § 23.10.060.