State Ex Rel. Crosier v. Callaghan

Harshbarger, Justice:

Gerald L. Crosier is employed by the West Virginia Department of Natural Resources as a conservation officer. He and one hundred fourteen conservation officers bring this mandamus action to compel the director of the department to pay them for the hours worked in excess of 42 hours per week.

Overtime compensation is governed by the West Virginia wage and hour law, W. Va. Code, 21-5C-1 et seq. It provides that all employees covered by the Act, including state employees, shall be paid for hours they work exceeding 42 hours per week, at time-and-a-half.

The definition of…