(650) 332-8623West Virginia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
In this article, we’ll dive deep into West Virginia’s labor laws, with details on all the important aspects of the state’s regulations on your employees.
West Virginia Meals and Breaks
20 MinutesFor Lunch Breaks
West Virginia labor laws require employers provide meal breaks to employees who work six or more consecutive hours. This break should be at least 20 minutes long but is typically unpaid, unless the employee is required to work during their meal period.
10 MinutesFor Rest Breaks
West Virginia doesn’t mandate specific rest breaks (like a 15-minute break) for adult employees. However, employers must provide minors with breaks of at least 20 minutes for every five hours of work.
West Virginia Leave and Paid Time Off (PTO)
Under the federal Family and Medical Leave Act, eligible employees can use up to 12 weeks of unpaid leave for certain family and medical reasons.
West Virginia does not have state-specific family and medical leave laws, so federal FMLA guidelines are followed.
West Virginia does not require employers to provide paid or unpaid sick leave. However, if an employer offers sick leave benefits, they must adhere to their established policy or employment contract terms.
Like sick leave, there’s no state mandate in West Virginia requiring vacation leave, whether paid or unpaid. If you do offer vacation time, it’s essential to consistently follow your own policy.
Employers in West Virginia are not required to provide bereavement leave. However, employers can offer it at their discretion as part of their employee benefits package.
Employers are required to excuse their employees from work for the number of days they are needed to serve for jury duty.
Employers are required by law to provide paid voting time of up to three hours. Employees can take voting time off if they don’t have three or more hours to vote before or after their shift while polls are open.
Employers in West Virginia are required to provide paid leave to employees who are summoned to serve as witnesses before a legally authorized body.
Essential members of emergency aid providers, such as volunteer firefighters or American Red Cross volunteers, may be granted leave of up to 15 days each year to provide emergency services or disaster relief in areas where a state of emergency has been declared.
Employers may not discipline or discharge employees from taking leave to respond to an emergency.
West Virginia offers 30 days of paid military leave to the National Guard or federal armed services reserve components and up to an additional 30 days for active duty.
West Virginia Wages and Overtime
$8.75 /hourMinimum Wage
The minimum wage in West Virginia is currently $8.75 per hour, which is $1.50 more than the federal minimum wage. A bill to gradually increase the minimum wage to $15 per hour by 2028 has still not been voted on.
1.5x HourlyOvertime Rate
In West Virginia, overtime pay requirements align with the federal FLSA. Employees must be paid overtime at 1.5 times their regular pay rate for all hours worked over 40 in a workweek.
$2.62 /hourTipped Minimum Wage
The West Virginia minimum wage for tipped employees is $2.62 per hour. The combined tip minimum wage and cash wage must be $8.75 per hour. If it doesn’t meet the minimum wage requirement, the employer will pay the difference.
2x MonthlyPay Frequency
Employers in West Virginia are required to pay employees at least twice every month or semi-monthly and within 72 hours of the end of the pay period.
Some exempt employees in West Virginia include:
- Professional, administrative, and executive employees
- Outside salespeople
- Seasonal employees (working at amusement parks, commercial whitewater outfitters, etc.) who work no more than seven months a year
- Theater ushers
- Government employees
- State-employed firefighters
- Volunteers in non-profit, religious, educational, charitable, and fraternal organizations
- Employees regulated under federal DOT standards
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WV Prevailing Wages
Prevailing wages are the standard rates set for each labor class and type of work commonly performed on public works projects. These rates include hourly wages, fringe benefits, and overtime, and they aim to ensure that public projects do not undercut local wage standards by hiring lower-cost labor from outside the area.
In West Virginia, prevailing wage laws apply to public works projects that exceed a certain cost threshold. This includes construction, reconstruction, improvement, enlargement, painting, decorating, or repair of any public building or public work.
It’s important to note that West Virginia has no laws regarding prevailing wages. However, if federal funding is involved in the project, the rates established by the federal Davis-Bacon Act apply.
Contractors and subcontractors working on applicable public projects must pay their workers at least the federal prevailing wage rates for the area in which the project is located.
West Virginia Prevailing Wage Resources
WV Child Labor Laws
14 – 15 Years
Laws in West Virginia for children 14 and 15 years
Generally, 14 is the minimum age for employment in West Virginia. However, there are exceptions for certain types of work, like newspaper delivery, which can be done by children as young as 11.
For minors aged 14 and 15, during school sessions, work is limited to three hours on school days, 18 hours in a school week, eight hours on non-school days, and no more than 40 hours in a non-school week. They are also prohibited from working before 7 a.m. or after 7 p.m.
During summer vacation, these hour limitations are relaxed, allowing work up to eight hours per day and 40 hours per week, with work hours extended to 9 p.m.
16 – 17 Years
Laws in West Virginia for children 16 and 17 years
Minors who are 16 and 17 years of age may work the same hours as an adult with no restrictions. But they may not work at bars or establishments where the primary business activity is selling or serving alcoholic beverages. They may also not operate motor vehicles as a principal part of their employment.
Other Essential West Virginia Labor Laws
Health and Safety Standards in West Virginia
West Virginia follows the standards set by the federal Occupational Safety and Health Administration, also known as OSHA.
In West Virginia, employers must…
- Provide a work environment free from recognized hazards that could cause death or serious physical harm. OSHA has specific safety standards for construction companies, covering issues such as fall protection and electrical safety.
- Be responsible for providing their employees with necessary training and safety education, including proper use of equipment, hazard recognition, and emergency procedures.
In West Virginia, employees should…
- Report unsafe working conditions directly to OSHA. They can do this anonymously. OSHA prohibits retaliation against workers who raise safety concerns.
- Receive regular safety training and information about chemical hazards through chemical information sheets, labels, color-coded systems, and alarms.
- Observe and measure hazardous materials and see the resulting records.
Report health and safety violations (unsafe working conditions) in West Virginia to…
- Employees: West Virginia Occupational Safety and Health Administration
- Employers: West Virginia Division of Labor
Hiring/Firing Employees in West Virginia
Like many states, West Virginia operates under the at-will employment doctrine. This means that the employer or employee can end the employment relationship at any time for any reason, as long as it’s not illegal (such as discrimination).
Be aware of exceptions like contractual obligations or collective bargaining agreements that might specify different terms for termination.
West Virginia is a right-to-work state, which means that employees cannot be required to join a union or pay union dues as a condition of employment.
Employers in West Virginia are allowed to conduct background checks on potential employees. However, when doing so, it’s important to comply with the Fair Credit Reporting Act or FCRA and obtain written consent from the applicant.
West Virginia permits pre-employment drug testing as a part of hiring practices. Employers must have a written policy, ensure fair and consistent testing procedures, and respect applicants’ privacy.
West Virginia adheres to federal anti-discrimination laws, such as the Civil Rights Act, Americans with Disabilities Act, and Age Discrimination in Employment Act. The state also has its own set of laws prohibiting employment discrimination.
Employers must provide equal opportunities to all job applicants and employees, which includes not only the hiring process but also promotions, training, benefits, and any other terms and conditions of employment.
Anti-Discrimination Laws in West Virginia
Employers in West Virginia are prohibited from discriminating against applicants and employees.
Employers in West Virginia may not discriminate against job applicants based on…
- Race
- Color
- Sex
- Sexual orientation
- Gender
- Gender identity
- Age
- National origin
- Religion
- Pregnancy
- Genetic information and family medical history
- Physical or mental disability
- Citizenship
- Immigration status
- Military or veteran status
- Child or spousal support withholding
Employee Resignation or Termination in West Virginia
The at-will doctrine allows for flexible termination, but employers cannot terminate employees for discriminatory reasons or for violating public policy. For instance, terminating an employee for taking family and medical leave would be unlawful.
While there’s no legal requirement for employees to provide notice of resignation in West Virginia, giving at least two weeks’ notice is customary.
There is no state-mandated notice period for employers to follow when terminating an employee in West Virginia, except for mass layoffs or plant closings covered under the federal WARN Act.
Unemployment Benefits in West Virginia
Workers in West Virginia are eligible for unemployment benefits if they…
- Are willing and able to work
- Are terminated through no fault of their own
- Resigned for personal reasons (unsafe working conditions, discriminations, not being paid, health and safety risks)
- Laid off or put on unpaid leave
- Earned at least $2,200 for the first four of the last five completed calendar quarters
Use this website to start your application for unemployment benefits in West Virginia:
COBRA Benefits in West Virginia
Separated employees in West Virginia may extend employer-provided health care coverage through COBRA, which stipulates…
- The state of West Virginia has a mini-COBRA law for employers who have two to 19 employees.
- It provides employees with up to 12 months of continuation coverage.
- Like the COBRA law that applies to employers with 20 or more employees, the mini-COBRA law requires employees to pay full premiums (including the portion paid by employers previously) to continue their coverage.
Final Paychecks in West Virginia
Separated employees in West Virginia must receive their final paychecks…
- When an employee leaves a job, whether through termination or resignation, the final paycheck must be provided by the next regular payday, either through the usual paying channels or by mail if requested by the employee.
- West Virginia does not require employers to provide severance pay upon termination unless it’s stipulated in an employment contract or company policy.
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WV Recordkeeping Requirements
Employers in West Virginia must keep detailed records of employees’ hours worked and wages paid for a minimum period, which is vital for compliance with various labor laws.
1 Year
Employers must retain these documents for at least one year:
- All employment records
2 Years
Employers must retain these documents for at least two years:
Basic employment and earning records such as:
- Timecards
- Job evaluations
- Collective bargaining agreements
- Seniority and merit systems
- Wage rates and wage rate tables
- Wag addition and deduction records
- Shipping and billing records
3 Years
Employers must retain these documents for at least three years:
- Payroll records
- Agreements
- Collective bargaining agreements
- Certificates
- Notices
- Employment contracts
- Sales and purchase records
Penalties for Labor Law Noncompliance in West Virginia Wages
Up to $500Wage Violations
Employers who fail to pay the correct wages, including minimum wage and overtime, can face fines and be required to pay back wages with interest. Initial violations may receive a $250 penalty, with repeated violations incurring penalties of up to $500 per offense. In severe cases, criminal charges might be applicable.
Up to $161,323Safety Violations
Noncompliance with safety regulations, especially those governed by OSHA, can result in hefty fines. These fines vary based on the severity and frequency of the violations. The minimum penalty for serious OHSA violations in West Virginia is $1,190, with a maximum penalty of $16,134. Willful or repeated violations of OHSA regulations may incur penalties of up to $161,323.
The maximum penalty for “failure to abate” unsafe conditions — essentially not fixing the problem by OHSA’s deadline — may technically max out at higher amounts, as employers may be liable for up to $16,131 in penalties per day they fail to remedy the issue by OHSA’s deadline. While generally limited to a maximum of 30 days, this still opens employers up to potential maximums of $483,930!
Up to $1,000Child Labor Violations
Employers violating child labor laws may face fines and, in extreme cases, criminal charges, depending on the nature and severity of the violation. Repeated violations may incur fines of up to $1,000 per subsequent offense.
Up to $1,000Discrimination Claims
Violations of anti-discrimination laws can lead to legal actions, including compensatory and punitive damages. Offenders may face penalties of up to $1,000 per violation.
In West Virginia, labor law violations are investigated and addressed by…
Further Details on Other West Virginia Labor Laws
Breaks for Nursing Mothers: West Virginia requires employers to provide unpaid break time and a location, other than a bathroom, for nursing mothers to express breast milk for up to one year after the child’s birth.
Collective Bargaining: While unions are less prevalent in right-to-work states, collective bargaining still does occur. In West Virginia, unions and employers engage in collective bargaining primarily in industries with traditionally strong union representation, including the automotive and construction industries.
Union Activities: Employees can organize, join unions, and engage in collective bargaining activities. Employers are prohibited from interfering with, restraining, or coercing employees in exercising these rights.
The Bottom Line on West Virginia Labor Laws
Understanding the complexities and nuances of West Virginia labor laws is important for employers and employees. This is especially true in the construction and field services industries, where these regulations can significantly impact daily operations.
Compliance with these laws isn’t just about avoiding penalties; it’s about creating a more positive, productive, and fair workplace for everyone. It fosters a reputation of integrity and reliability for employers, which is crucial for long-term success. For employees, it ensures their rights and well-being are protected.
Labor laws can be complex and sometimes subject to interpretation, especially West Virginia labor laws. Seeking legal advice is highly recommended if you have specific questions or concerns, particularly regarding unique situations or recent legal changes. Legal professionals specializing in labor law can provide tailored guidance to ensure your business’s practices fully comply with West Virginia’s regulations.
Staying properly informed and remaining compliant with West Virginia’s labor laws is an essential responsibility with great benefits. It ultimately leads to a healthier, more productive workplace and helps build a solid foundation for your business’s success and growth in the vibrant landscape of West Virginia.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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The minimum wage in West Virginia will remain at $8.75 per hour in 2025.
Yes, West Virginia is an at-will employment state. This means that, in the absence of a specific employment contract, employers can terminate employees at any time and for almost any reason, as long as it is not illegal.
Illegal reasons for termination include discrimination based on race, gender, religion, and other protected characteristics and retaliation against employees for exercising their legal rights.
However, there are exceptions to this general rule. For instance, if an employee has a contract that specifies the terms of employment or outlines conditions under which they can be terminated, those terms must be followed.
Additionally, terminations that violate public policy—such as firing someone for refusing to engage in illegal activities—are prohibited.
In West Virginia, employees are entitled to specific break requirements based on the number of hours worked:
Employees who work six or more consecutive hours must be provided with a 30-minute meal break. This break is generally unpaid unless the employee is required to work during this time, in which case they must be compensated.
While rest breaks are not mandated by law, if an employer chooses to provide them, they typically range from five to 20 minutes. These shorter breaks must be paid if they last 20 minutes or less; any longer breaks may be unpaid at the employer’s discretion.
In West Virginia, there is no specific law that limits the number of consecutive days an employee can work without a day off. Employers have the discretion to schedule employees as they see fit, which can include working multiple days in a row without a break.
However, employees are entitled to overtime pay for any hours worked over 40 hours in a workweek, which is defined as seven consecutive days.
While there are no mandated rest days, employers must comply with federal and state laws regarding breaks and overtime compensation. If an employee feels that their working conditions are unreasonable or violate labor laws, they may have the right to file a complaint with the appropriate labor authority.
