West Virginia employment law overview

West Virginia has laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as computing overtime pay and occupational safety. 

Select West Virginia employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

West Virginia employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices

The West Virginia Human Rights Act (WVHRA) prohibits discrimination against applicants and employees based on protected characteristics, such as: 

• Race; 
• Religion; 
• Color; 
• National origin; 
• Ancestry; 
• Sex; 
• Disability; 
• Blindness; 
• Pregnancy; and 
• Age (40 and above). 

The WVHRA also prohibits sexual harassment and prohibits retaliation or any form of reprisal against a person because he or she has opposed a practice or act forbidden under the WVHRA or because he or she has filed a complaint, testified or assisted in any proceeding under the WVHRA. 

The WVHRA applies to employers with 12 or more employees within the state. 

Equal pay

West Virginia’s Equal Pay for Equal Work Act requires employers to pay the same wage rate to both male and female employees for work of comparable character that requires comparable skills. 

The equal pay requirement does not apply if payment of wages is made under a system based on seniority, merit or quantity or quality of production, or if a differential is based on good-faith factors other than sex. 

Pay transparency

West Virginia does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions

West Virginia does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights

West Virginia does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation

West Virginia’s Pregnant Workers’ Fairness Act (PWFA) prohibits discrimination based on pregnancy, childbirth or related medical conditions. The PWFA also requires employers to provide pregnant workers with reasonable accommodations, which may include modifying work schedules and allowing access to facilities that are more convenient and usable. 

The PWFA applies to employers with 12 or more employees. 

Breastfeeding breaks

West Virginia does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files

West Virginia law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections

West Virginia does not have a whistleblower law applicable to private employers. 

Scheduling 

West Virginia does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

West Virginia employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks

West Virginia does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

West Virginia does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

All new employees who are employed to provide services on the grounds or in the building of the capitol complex must submit to an employment eligibility check through E-Verify. 

Wage and hour 

West Virginia employers may be required to comply with certain wage and hour requirements.   

Minimum wage

West Virginia’s Minimum Wage and Maximum Hours Standards Law requires that nonexempt employees be paid a minimum wage of $8.75 per hour. The law generally applies to an employer with six or more employees in any one separate, distinct and permanent location during any calendar week. 

The law allows employers to claim a credit toward their minimum wage obligations for tips, lodging or board. 

An employer may pay an employee under 20 years of age a training wage for up to 90 days. 

Overtime 

West Virginia law requires that employers with six or more employees in one location pay nonexempt employees one-and-one-half times their regular pay rate for all hours worked in excess of 40 hours per week. 

Meal and rest breaks

Employees who are not “afforded necessary breaks and/or permitted to eat lunch while working” must be provided meal breaks of at least 20 minutes when they work for six or more hours in a workday. A meal break of 20 minutes or less must be paid, while a meal break of 30 minutes or more may be unpaid. 

Minors who work for more than five continuous hours are also entitled to a meal break.

Child labor

Child labor laws in West Virginia restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations, including, but not limited to, coal mining, excavation, logging, saw milling, smelting and work involving operation of power-driven heavy machinery. In addition, they may not work in a bar or sell, dispense or serve alcoholic beverages. 

Minors under the age of 14 may not be employed in any occupation except: 

• Agriculture and horticulture activities permitted under federal law; 
• Domestic services within the employer’s residence; 
• Work for parents or legal guardians in their solely owned business; 
• Acting or performing in motion pictures, theater, radio or television; and 
• Newspaper delivery. 

Minors ages 14 and 15 may not work: 

• During school hours (except in federally approved work programs); 
• Before 7:00 a.m. or after 7:00 p.m. (after 9:00 p.m. from June 1 to Labor Day); 
• More than three hours per day on school days; 
• More than eight hours per day on nonschool days; 
• More than 18 hours per week during school weeks; and 
• More than 40 hours per week during nonschool weeks. 

Pay and benefits 

West Virginia employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods

An employer must pay employees in cash, or by check or money order that can be deposited or cashed at a bank convenient to the place of employment. An employer may pay by direct deposit or electronic paycards if the employer and employee agree to it in writing. 

Pay frequency and lag time

Employers must pay their employees all wages due at least twice a month and no more than 19 days apart. 

Pay deductions

Employers are permitted to make specified deductions from wages, such as those required by law (e.g., income and employment taxes), union dues and medical insurance premiums. The employer and employee may agree to other types of deductions. 

Pay statements

An employer must give employees an itemized statement of wage deductions made, including the authority under which the employer made them for each pay period in which deductions are made. 

Wage theft

West Virginia does not have a wage theft law applicable to private employers. 

Health care continuation

West Virginia’s health care continuation coverage law requires employers with fewer than 20 employees to provide continued group health care coverage for up to 18 months to employees who are involuntarily laid off or terminated from work (except for misconduct that would disqualify the individual from collecting unemployment benefits). 

Temporary disability insurance

West Virginia does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

West Virginia employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave

West Virginia does not have a state family and medical leave law applicable to private employers. 

Paid sick leave

West Virginia does not have a state paid sick leave law applicable to private employers. 

Other time off requirements

West Virginia has laws related to time off and leaves of absence, including but not limited to:

• Jury duty leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Emergency responder leave; 
• Public officials leave; and 
• Voting leave. 

Health and safety 

West Virginia employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health

Private sector employers in West Virginia fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing

Under the West Virginia Safer Workplace Act, an employer may test prospective employees for drugs and alcohol as a condition of employment. The Act does not require testing, but an employer that chooses to test must follow the law. 

An employer may designate the type of sample to be used for testing and may require a prospective employee to present reliable individual identification to the person collecting the sample. Sample collection and testing must be performed according to specified standards. 

In addition, any drug or alcohol testing or retesting must be carried out according to the terms of a written policy that is available for review by prospective employees. 

The employer must pay all costs for a required drug or alcohol test. 

Smoke-free workplace

In West Virginia, it is illegal to smoke in an area where an employer covered by the law (e.g., factories, mercantile establishments, mills or workshops) clearly and conspicuously posts a No Smoking sign. 

Weapons in the workplace

Under the Business Liability Protection Act, an employer may not prohibit employees, customers or invitees from storing a firearm in a privately owned vehicle in a company parking lot if they are allowed to be present in that area and the firearm is: 

• Lawfully possessed; 
• Out of view; and 
• Locked inside or locked to a motor vehicle in a parking lot. 

However, an employer may prohibit individuals from carrying or concealing a firearm in certain areas of the employer’s property or business, including buildings and sidewalks, and in company cars used in the course of employment. 

Safe driving practices

West Virginia prohibits drivers from using handheld devices to talk, text, email, play games or view or transmit images or data. 

Organizational exit 

West Virginia employers may be required to follow certain requirements when employees exit the organization. 

Final pay

Under West Virginia’s Wage Payment and Collection Act, all wages earned before the termination of employment must be paid by the next regular payday, either in the usual manner of payment or by mail if the employee requests it. The law applies to employees who voluntarily quit, who are involuntarily terminated, who are suspended because of a labor dispute or who are laid off. 

Accrued, unused vacation time or other fringe benefits provided by an employer-employee agreement and that are not payable by the next regular payday must be paid according to the terms of the agreement. 

In the absence of actual notice of probate proceedings, wages owed to a deceased employee of $800 or less may be paid without letters testamentary or before the administration of the estate. 

Mass layoffs

West Virginia does not have its own version of the federal WARN Act. 

AI in employment 

West Virginia does not have a law related to AI in employment applicable to private employers.