West Virginia Labor Laws (2025 Guide)

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Wage and Hour Laws

Minimum Wage

In West Virginia, the minimum wage is currently set at $8.75 per hour, but this applies only to employers that have at least 6 non-exempt employees working “at any one separate, distinct and permanent work location.” If this condition isn’t met, the federal minimum wage of $7.25 per hour applies instead.

The state minimum wage is consistent across all counties and cities, but there are state-level exemptions for administrative employees and executive employees. 

Under West Virginia law, employers may pay a youth subminimum training wage of $6.40 an hour to employees 20 years or younger for up to 90 days. 

Tipped Minimum Wage

In West Virginia, the tipped minimum wage is $2.62 per hour, which means employers can pay tipped employees as little as $2.62 per hour directly—but only if the employee earns enough in tips to reach the full, applicable minimum wage (e.g., $8.75 per hour or $7.25 per hour).

If tips fall short, the employer must cover the gap. Employers also must keep accurate records of hours worked and tips earned.

Overtime Laws

West Virginia’s overtime laws largely follow the federal FLSA. Under both state and federal law, non-exempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for hours worked beyond 40 in a workweek. 

However, West Virginia’s overtime rules apply only when: 

• A company with 6 or more employees working in a permanent location isn’t covered under federal law. 
• 80% of the company’s employees don’t qualify for FLSA overtime protections on an individual basis.

Employers with FLSA-covered employees should follow FLSA overtime rules.

West Virginia law also recognizes federal guidelines for exemptions from overtime, such as for executive, administrative, professional, and outside sales employees. These workers must meet specific job duty and salary requirements to be considered exempt. 

In addition, West Virginia exempts various other workers from overtime requirements, including federal employees, students working 24 hours or less each week, and traveling salesmen. 

Break Laws

Meal and Rest Breaks

West Virginian employers must provide a meal or break period of at least 20 minutes during each shift of 6+ hours. This break isn’t required if the employee is permitted to eat while working. Moreover, the 20 minutes may be spread out in increments throughout the shift. 

While minors 16–17 years of age have the same meal and rest break rules as adults, minors under age 16 are entitled to a 30-minute meal break if they work more than 5 hours at a time. 

Recordkeeping Requirements

In West Virginia, employers must maintain accurate and comprehensive records of their employees’ work and pay. These recordkeeping rules are largely aligned with the federal FLSA, and no unique state exemptions relieve employers of these duties.

Under state law, employers must keep the following records for each non-exempt employee:

• Full name and address.
• Rate of pay.
• Hours of employment. 
• Net pay.
• All deductions from wages.

Employers employing minors under 16 must also keep copies of any age certificates or work permits, even though the permit itself is no longer issued by school officials (it now comes from the state’s Division of Labor). 

West Virginia mandates that employers keep records for at least 2 years after an employee is terminated or has resigned.

Employers covered by the FLSA must also keep records for at least 3 years that include employees’ social security numbers, total overtime pay per workweek, and gender. This also includes information on hours, wages, deductions, and other compensation details.

West Virginia also requires that employers document their employees’ records of legal employment status. To do so, employers may accept documents such as birth certificates, passports, social security cards, and work permits. 

Tracking breaks in case of legal break-related disputes isn’t required, but is strongly encouraged. 

Scheduling Laws

West Virginia doesn’t have specific predictive scheduling or fair scheduling laws at the state level: No state mandates require employers to provide advance notice of work schedules, compensate employees for last-minute shift cancellations or other schedule changes, or provide workers with a day of rest every workweek. 

Employee Compensation and Benefits

Reporting Time Pay

No state law requires employers to pay a minimum amount to employees who report to work but are sent home before completing a full shift. Workers should be compensated for the hours they work. 

Payday Frequency and Method

West Virginia employers must pay their workers at least twice each month, ensuring that the gap between paydays doesn’t exceed 19 days.

Regarding payment methods, employers can pay employees by:

• Cash.
• Check or draft payable on demand.
• Direct deposit into an account at a financial institution.
• Payroll cards (as long as employees can access their full wages without fees at least once per pay period).

Paystub Requirements

West Virginia law requires that employers provide employees with a written pay statement—or paystub—each payday. These statements must include enough detail to show how wages were calculated and which deductions were made. They must contain:

• The employee’s total gross earnings.
• The total number of hours worked during the pay period.
• The rate of pay (hourly, salary, or other).
• All deductions made from wages, such as taxes, insurance premiums, or retirement contributions.
• The net amount of wages paid after deductions.

Employers can provide these pay stubs in paper form or electronically, such as through email or an online portal. If electronic pay stubs are used, they must be easily accessible and printable by the employee.

Wage Deductions and Garnishments

In West Virginia, employers can make wage deductions only when the deductions are legally authorized or specifically agreed to in writing by the employee. Permitted deductions include:

• Taxes required by law, like federal and state withholding taxes.
• Court-ordered garnishments, such as child support or alimony.
• Deductions for benefits, like health insurance or retirement contributions, if the employee has agreed to them in writing.
• Deductions for cash shortages, property damage, or equipment costs—but only if the employee has agreed in writing.

Employers can’t make deductions for items considered to be the cost of doing business, such as uniforms or tools required for the job, unless the employee has provided written consent.

For wage garnishments, federal law under the Consumer Credit Protection Act (CCPA) sets strict limits to protect employees’ earnings. Generally, the maximum amount that can be garnished from an employee’s wages is the lesser of:

• 25% of disposable earnings for the week, or
• The amount by which these earnings surpass 30 times the federal minimum wage.

“Disposable earnings” refer to the total earnings left after legally required deductions.

Final Paycheck Laws

In West Virginia, final pay is always due on or before the next regular payday. Whether an employee is terminated or resigns, the same rule applies. 

Workers’ Compensation

West Virginia requires nearly all employers to carry workers’ compensation insurance. This coverage is mandatory for businesses with 1 or more employees, including part-time, seasonal, and temporary workers. Employers can obtain coverage through over 350 private insurance carriers licensed to provide workers’ compensation in the state or by qualifying as self-insured if they meet specific financial requirements.

Workers’ compensation provides several types of benefits to injured employees:

• Medical benefits cover necessary treatment for work-related injuries or illnesses.
• Temporary total disability benefits provide partial wage replacement while the employee is unable to work.
• Permanent partial disability benefits compensate for lasting impairment that doesn’t completely disable the worker.
• Permanent total disability benefits support employees who are no longer able to work in any capacity.
• Death benefits provide support for dependents if a work-related injury leads to death.

When a workplace injury or illness occurs, the injured employee must report it to their employer as soon as possible, but no later than 6 months from the date of injury or discovery of an occupational disease. 

Employers must then promptly file a report of the injury with their insurance carrier and the West Virginia Office of the Insurance Commissioner.

Disputes over claims, benefits, or other workers’ compensation issues are typically handled through the West Virginia Office of Judges. The process starts with a protest to the Insurance Commissioner’s decision, followed by hearings and appeals as needed. An injured worker must file a protest within 60 days of receiving a decision from the insurance carrier or the commissioner.

Unemployment Insurance

West Virginia’s unemployment insurance (UI) program provides financial assistance to certain workers who lose their jobs. The program is funded by employer-paid taxes and is administered by WorkForce West Virginia.

In addition to paying unemployment taxes, virtually all employers must register with the State Information Data Exchange (SIDES) and submit an application to Workforce WV. Employers must then notify WorkForce WV of any legal changes to the business, such as a sale, dissolution, or the formation of a new corporation. Quarterly Wage and Contribution Reports must also be submitted each quarter through the Online Unemployment Compensation Employer Contribution System. 

To be eligible for benefits, workers must meet several key requirements. They must:

• Have earned enough wages during a base period, which is usually the first 4 of the last 5 calendar quarters completed before the claim was filed.
• Be available and able to work and actively seeking suitable employment.
• Have lost their job through no fault of their own, such as a layoff or reduction in force. Workers fired for misconduct or who voluntarily quit without good cause are generally ineligible.

Benefit amounts are calculated based on the worker’s earnings during the base period, with a maximum weekly benefit amount set by state law. In 2025, the maximum weekly benefit is $662. Workers can receive benefits for up to 26 weeks, although this duration can be extended during periods of high unemployment. 

While they receive unemployment benefits, workers may earn up to $60 a week without deductions. All additional earnings are deducted from the weekly UI benefit amount.

To apply for benefits, workers must file a claim with WorkForce West Virginia either online or by phone. They must continue to file weekly certifications to maintain eligibility, reporting any earnings or job offers. WorkForce West Virginia handles the administration of these claims, determining eligibility and overseeing benefit payments.

If a claim is denied or if there’s a dispute, workers have the right to appeal. Appeals are initially handled by an administrative law judge within WorkForce West Virginia, with further appeals available to the Board of Review and, ultimately, to the state courts if needed.

Workplace Rights and Protections

Discrimination and Harassment

West Virginia protects workers from discrimination and harassment in the workplace through both state and federal laws. At the state level, the West Virginia Human Rights Act prohibits discrimination based on:

• Race.
• Color.
• National origin.
• Religion.
• Sex (including pregnancy).
• Disability.
• Age (40 and over).
• Ancestry.
• Blindness.
• Familial status.

These protections apply to all aspects of employment, including hiring, firing, promotions, compensation, and workplace conditions. 

Employers covered by the West Virginia Human Rights Act include all state bodies and private companies with 12+ employees for 20 or more weeks in the calendar year preceding an alleged act of discrimination. 

In addition to state law, federal laws such as Title VII of the Civil Rights Act provide overlapping protections for workers of certain employers in West Virginia.

The West Virginia Human Rights Commission is the key state agency responsible for enforcing state-level protections. A worker who believes they’ve been discriminated against or harassed can file a complaint with the Commission, typically within 365 days of the incident. The Commission will investigate the claim, attempt conciliation, and hold hearings if necessary.

Complaints can also be filed with the federal Equal Employment Opportunity Commission (EEOC), which enforces federal anti-discrimination laws. Workers have 300 days to file a charge with the EEOC if the claim also falls under federal law.

Leave Laws

❌ Family and Medical Leave	While West Virginia mandates unpaid parental or family leave for most state employees, there’s no family or medical leave mandate for private employers.   However, the federal Family and Medical Leave Act (FMLA) gives employees who qualify up to 12 weeks of unpaid, job-protected leave each year for medical and family-related reasons. It applies to private employers with at least 50 employees and to all public agencies, no matter their size. To be eligible, workers must have at least 12 months of service with their employer and have worked at least 1,250 hours in the past year. FMLA leave covers situations like caring for a newborn or newly adopted child, caring for a spouse, child, or parent with a serious health condition, recovering from a personal serious health condition, and addressing certain needs related to a family member’s military service. In addition, up to 26 weeks of leave may be taken to care for a servicemember with a serious injury or illness. Employees can use any accrued paid leave—such as vacation or sick time—to cover part or all of this unpaid leave, and employers can require that paid leave be used if their policies allow.  Once leave ends, employers must restore the employees to their original jobs or equivalent ones with the same pay, benefits, and working conditions.
❌ Paid Sick Leave	West Virginia doesn’t mandate paid sick leave.
❌ Paid Family Leave	West Virginia doesn’t mandate paid family leave.
❌ Pregnancy and Parental Leave	While there’s no general state pregnancy leave law that applies to most employers, pregnancy-related conditions are protected under the West Virginia Human Rights Act as part of disability accommodation requirements.  Moreover, state employees may qualify for unpaid parental leave (mentioned above), and both public and private employees may be eligible for FMLA leave for reasons related to pregnancy and parenthood.
❌ Vacation and Personal Leave	There’s no mandatory vacation or personal leave law in West Virginia.

Other Mandatory Leave

Military Leave	West Virginia follows the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the job rights of employees who leave to perform military service. Public employees in West Virginia are entitled to 30 days of paid military leave each year for service in the National Guard or Armed Forces Reserves.
Voting Leave	West Virginia law requires employers to provide up to 3 hours of paid leave to vote to employees who don’t have 3 hours of non-work time while polls are open. Employees must request this leave in advance.
Jury Duty Leave	Employers in West Virginia must excuse employees from work to serve on a jury. While employers aren’t required to pay employees during jury service, they can’t discharge or discriminate against employees for attending jury duty. Employees should provide advance notice and documentation of their jury summons.
Organ Donor Leave	Private employees aren’t entitled to organ donor leave. However, full-time state employees are eligible for paid leave when donating organs or bone marrow. Specifically, they may receive up to 120 hours of paid leave per calendar year for donating an adult kidney or a portion of an adult liver, and up to 56 hours for donating adult bone marrow.
Witness Leave	State employees are entitled to paid leave when subpoenaed to appear as witnesses, provided they aren’t parties to the case. This leave doesn’t count against their annual leave balances. Private sector employees, while not entitled to paid leave, are protected from retaliation for taking leave for the purposes of testifying in a legal proceeding.
Emergency Response Leave	State employees who are certified disaster service volunteers of the American Red Cross may be granted up to 15 workdays of paid leave per year to participate in specialized disaster relief services upon request and approval. Additionally, all employers are prohibited from discharging or disciplining employees who are volunteer firefighters or emergency medical service personnel for time lost responding to emergencies.

Child Labor Laws

The minimum working age in West Virginia is 14. Younger workers may be employed for newspaper delivery, work performed for parents, and certain agricultural jobs. 

Minors ages 14 and 15 must obtain a work permit issued by the local school superintendent. Employers may require proof of age for 16 and 17-year-olds for recordkeeping purposes. 

West Virginia law prohibits minors from working in certain hazardous occupations, including:

• Manufacturing or storing explosives.
• Operating motor vehicles or certain power-driven machinery.
• Mining, logging, and sawmill work.
• Roofing and excavation jobs.

Employers must keep accurate records and ensure compliance with both state and federal standards.

Minors aged 14 and 15 are limited to the following times and hours:

When school is in session:	Up to 3 hours on a school day. Up to 18 hours in a school week. Between 7am and 7pm.
During summer:	Up to 8 hours on a non-school day. Up to 40 hours in a non-school week. Between 7am and 9pm.

Workplace Safety and Health

West Virginia doesn’t operate its own state OSHA plan for all employees. Instead, the federal Occupational Safety and Health Administration (OSHA) directly enforces workplace safety and health standards for private-sector employees in the state. Public-sector workers, like state and local government employees, aren’t covered by OSHA—their safety is generally addressed through the WV State OSHA Program. 

Employers must provide a safe and healthy work environment, free of recognized hazards that could cause injury or death. Their responsibilities include:

• Complying with OSHA safety and health standards relevant to their industries.
• Maintaining records of workplace injuries and illnesses (OSHA 300 logs) if required by federal law.
• Providing proper training and protective equipment to workers.
• Informing employees of their rights under OSHA and displaying the OSHA poster in a prominent location.

Employees have the right to:

• Receive information and training about workplace hazards and protections.
• Report unsafe conditions without fear of retaliation.
• Participate in OSHA inspections and file complaints about unsafe conditions.

Employers must report to OSHA any workplace incident that results in a fatality within 8 hours and any work-related inpatient hospitalization, amputation, or loss of an eye within 24 hours.

To supplement federal OSHA efforts, the West Virginia Division of Labor offers voluntary safety consultations and training resources for employers seeking to improve workplace safety. These services help employers identify hazards and enhance their compliance with safety standards.

Labor Union Regulations

West Virginia is a right-to-work state. This means that employees can’t be required to join or pay dues to a union as a condition of employment. The state law prohibits agreements between employers and unions that would make union membership or payment of union dues mandatory.

Union membership is completely voluntary. Workers can choose to join or not join a union, and they can’t be discriminated against for their decision either way.

At the federal level, the National Labor Relations Act (NLRA) applies. The NLRA guarantees employees the right to organize, join, or assist labor unions and to engage in collective bargaining or other group efforts for improving working conditions or supporting each other on the job. It also protects workers’ rights to refrain from such activities.

Employment Contracts and Severance

Employment Contract Laws

West Virginia follows the doctrine of at-will employment, meaning that either the employer or the employee can end the employment relationship at any time, for any lawful reason, or for no reason at all. However, there are important limitations to this general rule.

Termination can’t be based on illegal discrimination, retaliation for exercising protected rights (like filing a workers’ compensation claim), or in violation of public policy. 

As for restrictive covenants—like non-compete, non-solicitation, and confidentiality agreements—West Virginia courts generally enforce them if they’re reasonable in scope, duration, and geographic area.

For a restrictive covenant to be enforceable, it typically must:

• Protect a legitimate business interest (such as trade secrets or customer relationships).
• Be no broader than necessary to protect that interest.
• Not impose an undue hardship on the employee or be harmful to the public interest.

Severance Pay

West Virginia doesn’t require employers to provide severance pay when an employee leaves their job, whether due to termination, layoff, or resignation.

Additional State-Specific Employment Laws

Universal Licensing Recognition	Effective July 1, 2025, West Virginia will recognize licenses that workers obtain in other states, including healthcare, real estate, and other skilled professions.
Mini-COBRA Health Coverage	West Virginia has a Mini-COBRA law that requires small employers with fewer than 20 employees to provide continuation of health insurance coverage similar to federal COBRA.   Employees (and their dependents) can continue their group health coverage for up to 18 months after job loss or other qualifying events. The employee is responsible for paying the full premium.

Legal Resources for Employers and Employees

These key West Virginia resources support employers and workers with legal, compliance, and workforce needs:

• West Virginia Division of Labor: The state agency that oversees wage and hour laws, child labor, and workplace safety standards.
• Legal Aid of West Virginia: Provides free legal help to eligible low-income individuals on a range of civil issues, including employment-related matters.
• WorkForce West Virginia: The state’s main resource for unemployment insurance claims, job search assistance, and employer workforce services.

Disclaimer

The information presented on this website about labor laws in West Virginia is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.