(650) 332-8623West Virginia Labor Laws [2026]: A Complete Guide to Wages, Breaks, Overtime, and More
West Virginia labor laws explained: minimum wage, overtime, breaks, child labor, and recordkeeping rules for WV employers. Updated 2026.
What’s new in 2026?
West Virginia meals and breaks
20 minutesFor lunch breaks
West Virginia labor laws breaks rule: a 20-minute meal break is required for employees who work six or more consecutive hours. That break is unpaid unless the crew member is required to stay on task during the meal period. [WV Division of Labor, Employee Break Requirements Fact Sheet]
For WV construction crews, the 6-hour threshold is the compliance trigger. A field hand who works 5 hours 55 minutes has no statutory meal break right. A field hand who reaches 6 consecutive hours does. Employers managing multi-site crews should track hours at the individual level. Confirm the 6-hour threshold is met and documented at each location.
10 minutesFor rest breaks
West Virginia does not mandate rest breaks for adult employees. No 10- or 15-minute paid break is required by state law. West virginia labor laws breaks rules require only the meal break for shifts of 6+ hours. If an employer provides rest breaks of 20 minutes or less, federal FLSA guidance requires those breaks to be paid.
Rest breaks for minors on WV jobsites
Employees under 16 must receive a break of at least 20 minutes for every five hours of work. This requirement is separate from the adult meal break rule and applies to any minor working on a WV construction site. [WV Division of Labor, Child Labor Fact Sheet]
West Virginia leave and paid time off (PTO)
Federal FMLA only (12 weeks unpaid for eligible employees). WV has no state-specific FMLA.
No state mandate. Employer policies govern.
No state mandate. If offered, employer must follow its own policy consistently.
No state mandate. Employer discretion.
Employer must excuse the absence, but WV law does not require payment during jury service. [WV Code §52-3-1]
Paid, up to 3 hours if the employee has fewer than 3 hours outside shift while polls are open.
Paid leave required when legally summoned to testify.
Up to 15 days/year for qualifying volunteer emergency responders (firefighters, Red Cross, etc.).
30 days paid for National Guard/reserve duty, plus up to 30 additional days for active duty.
West Virginia wages and overtime
$8.75 /hourMinimum wage
The West Virginia minimum wage is $8.75/hour for employers with six or more non-exempt employees, per the WV wage and hour division. This rate has been in effect since January 1, 2016. HB 5485 (February 2026), which proposed $11/hour effective January 1, 2027, stalled in committee. [WV Code §21-5C-2]
Employers with fewer than six employees follow the federal $7.25/hour FLSA rate.
1.5x hourlyOvertime rate
WV construction crews earn overtime at 1.5x the regular rate for hours over 40 in a workweek. WV overtime pay requirements under WV Code §21-5C-3 mirror federal FLSA. There is no daily overtime trigger.
West Virginia labor laws for salaried employees use the FLSA exemption threshold: $43,888/year ($844/week) as of 2026. [DOL FLSA Final Rule, 2024]
Overtime cannot be waived by agreement. Reconcile total hours per employee per workweek — not per jobsite.
$2.62 /hourTipped minimum wage
Cash + tips must total at least $8.75/hour
2x monthlyPay frequency
WV employers must pay crew members at least twice a month (semi-monthly). Payment must be made within 72 hours of the end of the pay period. [WV Code §21-5-1]
The following workers are exempt from the WV state minimum wage under §21-5C-2. West Virginia labor laws for salaried employees follow the FLSA exemption framework:
- Employees of employers with fewer than six workers at a single location
- Agricultural workers
- Domestic service employees
- Employees of nonprofit summer camps for minors
- Casual babysitters
- Employees covered by federal FLSA (they fall under FLSA instead)
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WV prevailing wages
West Virginia has no state prevailing wage law. West Virginia prevailing wage Davis-Bacon requirements apply to any WV construction contract over $2,000 that receives federal funding.
The 2023 DOL Davis-Bacon overhaul — effective October 23, 2023 — expanded coverage and changed how rates are updated. WV contractors on federally funded projects must account for:
- Broader definition of “construction” captures more project types under Davis-Bacon coverage
- Wage determination updates are now quarterly for some classifications. WV contractors must verify applicable rates more frequently than before the 2023 rule
- Stronger anti-retaliation protections for workers on covered projects
- Expanded coverage to include certain subdivision construction and off-site fabrication
For a 15-person WV paving or electrical crew bidding a WV DOT project with federal funding, Davis-Bacon applies from day one. General contractors must post wage determinations on the job site and maintain certified payroll records for every pay period. Failure to comply risks contract termination and federal debarment. [DOL Davis-Bacon Final Rule, 2023]
WV prevailing wage resources
- DOL Wage and Hour Division — Davis-Bacon Overview: dol.gov/agencies/whd/government-contracts/construction
- U.S. Department of Labor — Davis-Bacon Wage Determinations: sam.gov/wage-determinations
West Virginia child labor laws
14 – 15 years
Laws in West Virginia for children 14 and 15 years
West Virginia child labor laws set the minimum employment age at 14. Newspaper delivery is permitted from age 11.
Work permit elimination: employer obligations under SB 427 (effective July 11, 2025)
West Virginia eliminated school-superintendent work permits for 14 and 15 year olds under SB 427, effective July 11, 2025. Two employer obligations replaced the permit requirement:
- Obtain an age certificate from the WV Division of Labor verifying the minor’s age
- Obtain written consent from the minor’s parent or guardian before employment begins
The compliance burden now falls entirely on the construction employer. FLSA hour restrictions and federal prohibited hazardous occupations remain fully in force. [WV SB 427, 2025]
Workers under 16
Laws in West Virginia for children under 16 years
On WV construction sites, workers aged 14–15 face strict hour limits enforced separately from adult crew records. During school sessions: no more than 3 hours on school days, 18 hours in a school week, 8 hours on non-school days, and 40 hours in a non-school week.
Under West Virginia child labor laws, work before 7 a.m. or after 7 p.m. is prohibited. In summer, the evening cutoff extends to 9 p.m. West Virginia labor laws work hours limits for this age group are enforced separately from adult crew records. Construction employers should track minor hours by day and week.
HB 4005 (2026 Regular Session) codified and clarified the occupations workers under 16 are prohibited from performing. Prohibited categories construction employers must observe:
- Logging and saw milling (explicitly codified — applies to site clearing and timber-adjacent work)
- Ore reduction
- Any work prohibited under federal FLSA hazardous orders
- Establishments where the primary business is selling or serving alcohol
Construction employers hiring 14–15 year old summer workers must verify every assigned role against the HB 4005 prohibited list. Check before work begins. The old work permit process no longer provides any administrative checkpoint.
Workers aged 16 – 17
Laws in West Virginia for children 16 and 17 years
Workers aged 16 and 17 may work the same hours as adults with no hour restrictions. They may not work at establishments where the primary business is selling or serving alcoholic beverages. They may not operate a motor vehicle as a principal job duty.
Other essential West Virginia labor laws
Health and safety standards in West Virginia
WV construction employers must comply with federal OSHA standards, including 29 CFR 1926 for construction. West Virginia employment laws defer to federal OSHA jurisdiction. There is no separate state OSHA plan.
In WV, employers must: provide a workplace free from recognized hazards; comply with applicable OSHA construction standards; report fatalities within 8 hours and hospitalizations, amputations, or eye losses within 24 hours; post the OSHA Job Safety and Health poster at each work location.
In WV, employees should: follow applicable OSHA standards; report hazards to their employer or OSHA; exercise the right to refuse work that poses imminent danger without fear of retaliation.
Report health and safety violations in WV to: WV OSHA at (304) 558-7890 or labor.wv.gov/Safety.
Hiring/Firing Employees in West Virginia
West Virginia at-will employment means either party can end the work relationship at any time for any lawful reason. Exceptions include written employment contracts specifying different terms and collective bargaining agreements. Terminations that violate public policy are also prohibited. Examples include firing a crew member for filing an OSHA complaint or exercising FMLA rights.
West Virginia right to work law means employees cannot be required to join a union as a condition of employment. Union dues cannot be mandated either. [WV Code §21-1A-3] Workers retain the right to organize, join unions, and engage in collective bargaining. Employers may not interfere with, restrain, or coerce employees who exercise those rights. Retaliation against employees for union participation is also prohibited.
WV employers may conduct background checks on applicants. Written consent is required under the Fair Credit Reporting Act (FCRA). Pre-employment drug testing is permitted with a written employer policy and consistent application.
WV employers must provide unpaid break time for nursing mothers to express breast milk. The space must be private — a bathroom does not qualify. This requirement applies for up to one year after the child’s birth.
For construction employers, this means a dedicated private space at or near the job site. A locked site trailer or private vehicle does not meet the requirement if a suitable private space is reasonably available.
West Virginia provides automatic or expedited recognition of out-of-state occupational licenses, effective July 1, 2025. Covered trades include electricians and plumbers.
Contractors bringing in licensed tradespeople from Ohio, Virginia, or Pennsylvania for a WV project face fewer administrative delays. The out-of-state license must remain valid and in good standing.
Verify coverage with the WV Division of Labor or the relevant licensing board before putting the worker on a job site.
WV general contractors can now contribute benefits to 1099 subcontractors without reclassifying them as employees. HB 4009, enacted in the 2026 Regular Session, created the Portable Benefit Account Act to make this possible. Eligible benefit types include healthcare, retirement savings, and life insurance. WV HB 4009 created the formal state mechanism for this.
Contributions are voluntary. The law creates the option, not a mandate. Construction companies relying on 1099 specialty subs can offer benefits without reclassifying workers as W-2 employees.
Consult a benefits advisor or attorney before establishing portable accounts. Poorly structured arrangements can trigger employee status under IRS or DOL tests. [WV HB 4009, 2026]
WV employers can now claim reimbursement for workforce upskilling costs under HB 4004, enacted in the 2026 Regular Session. Construction training is explicitly within scope: OSHA-10 and OSHA-30 certifications, equipment operation courses, and estimating programs may all qualify.
The reimbursement is administered through WorkForce West Virginia. Employers must apply through the program and meet eligibility criteria before training begins. [WV HB 4004, 2026]
WV employers who sponsor childcare for their workers can now claim a larger state tax credit under HB 4191, enacted in the 2026 Regular Session.
For construction employers managing crews with early start times, sponsored childcare is a direct retention tool. The expanded credit applies to contributions toward on-site childcare facilities, contracted childcare slots, or childcare subsidies paid directly to employees.
Verify current credit amounts and eligibility requirements with the WV State Tax Department before filing. [WV HB 4191, 2026]
For WV construction contractors, equal opportunity obligations extend beyond the initial hire. Promotions, training assignments, crew lead selections, and benefit access must all be free from discrimination.
Anti-discrimination laws in West Virginia
WV employers may not discriminate against job applicants or employees on the basis of any protected characteristic. The WV Human Rights Act and federal statutes (Civil Rights Act, ADA, ADEA) both apply. Protected categories include:
- Race, color, national origin, ancestry
- Religion, creed
- Sex (including pregnancy, childbirth, and related conditions)
- Sexual orientation, gender identity
- Age
- Disability
- Genetic information
- Citizenship or immigration status
- Military or veteran status
- Child or spousal support withholding
Statutory definitions of “sex,” “male,” and “female” based on biological criteria were added to WV law effective July 9, 2025. West Virginia employment laws on this point may diverge from federal standards. Federal Title VII protections for gender identity in employment (Bostock v. Clayton County, 2020) remain in force and govern federal contractors regardless of WV state definitions.
Multi-crew construction employers should review written HR policies with counsel before the 2026 season, particularly regarding shared jobsite facilities.
Employee resignation or termination in West Virginia
WV has no state-mandated notice period for employee resignation. Two weeks’ notice is customary but not legally required.
WV has no state-mandated advance notice period for employer-initiated terminations. Mass layoffs or plant closings at employers with 100 or more employees must comply with the federal WARN Act. That law requires 60 days’ advance notice.
Unemployment benefits in West Virginia
Crew members who lose work due to layoff, job completion, or seasonal shutdown may file for unemployment through WorkForce West Virginia. The maximum duration is 26 weeks. The base period earnings threshold is $2,200. Under WV labor laws, most full-time field workers qualify.
The statutory maximum weekly benefit is $662/week. WV Code §21A-6-10 sets this cap for workers with base period wages of $62,650 or more. Benefits are calculated at 50% of average weekly wages in the base period, up to the statutory cap.
UI taxable wage base update (effective January 1, 2025): WV employers pay UI contributions on the first $9,500 in annual wages only. For construction crews earning above that threshold, this reduces quarterly payroll tax liability directly. Employers are also now required to notify the state within 6 weeks when a worker separates or refuses suitable work. [WV 2025 session legislation]
File for benefits at: workforcewv.org
West Virginia COBRA benefits
WV mini-COBRA extends continuation health coverage to employees of employers with 2 to 19 employees. Federal COBRA covers employers with 20 or more employees; WV mini-COBRA fills the gap below that threshold. WV mini-COBRA provides up to 12 months of continuation coverage. The employee pays the full premium. Federal COBRA provides 18 months for employers with 20 or more employees.
Final paychecks in West Virginia
WV employers must issue a final paycheck on the next regular payday following the employee’s last day. Payment must go through the employer’s usual payroll channels. If the employee requests payment by mail, the employer must mail the final check. No state law requires severance pay unless the employment contract specifies otherwise.
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WV recordkeeping requirements
WV employers must retain employment records for the following minimum periods. Construction employers on Davis-Bacon projects have additional federal retention requirements on top of these.
1 year
Employers must retain these documents for at least one year:
All employment records not otherwise specified
2 years
Employers must retain these documents for at least two years:
Timecards and time records, performance evaluations, collective bargaining agreements, wage tables
3 Years
Employers must retain these documents for at least three years:
Payroll records, employment contracts, sales and purchase records
Davis-Bacon employers must also retain certified payroll records and fringe benefit statements for at least 3 years after project completion. The requirement is 29 CFR 5.5.
Penalties for labor law noncompliance in West Virginia
WV employers face fines from the WV Division of Labor for wage and child labor violations, and from federal OSHA for safety violations. OSHA penalties are the highest exposure on a construction site: a single willful violation can reach $165,514.
Up to $250 per violationWage violations — initial offense
Applies when an employer fails to pay minimum wage or overtime correctly. The WV Division of Labor may also order back wages with interest.
Up to $500 per violationWage violations — repeat offense
A second or subsequent failure to pay correct wages. Criminal charges are possible in severe cases involving intentional underpayment.
Up to $16,550 per violationOSHA serious violation (max)
Issued when a hazard could cause death or serious physical harm and the employer knew or should have known about it. Common on construction sites: fall protection failures, unguarded equipment, lack of PPE.
Up to $165,514 per violationOSHA willful or repeat violation (max)
Willful: employer knowingly disregarded a safety requirement. Repeat: same standard violated within five years. A single willful citation on a WV job site can exceed the cost of most equipment purchases.
Up to $16,550 per dayOSHA failure to abate (max)
Accrues daily from the abatement deadline until the hazard is corrected. A two-week delay on a cited fall hazard can multiply the original fine several times over.
Up to $1,000 per violationChild labor violations — repeat offense
Applies to employers who assign under-16 workers to prohibited occupations or exceed hour limits. After SB 427 eliminated work permits, the compliance burden falls entirely on the employer.
Up to $1,000 per violationDiscrimination violations
Covers discriminatory hiring, termination, promotion, or pay decisions under the WV Human Rights Act. Federal claims under Title VII or the ADA carry separate and potentially much higher exposure.
OSHA penalty note: OSHA published no inflation-based penalty increase for calendar year 2026. The 2025 rates carry forward unchanged. Serious violations up to $16,550; willful or repeat violations up to $165,514. [OSHA, May 2026]
Contractors reviewing WV labor laws compliance should treat these as the operative figures for 2026. For the full picture of labor laws west virginia employers face, see the WV Division of Labor at labor.wv.gov.
Tracking West Virginia labor laws compliance with Workyard
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance, including overtime rules, union pay codes, and state wage laws, as a primary operational risk.
Workyard is workforce management software especially built for construction businesses. Construction companies that track time manually face the same exposure on every WV project. A disputed timecard or a missed overtime threshold can trigger a $16,550 OSHA fine. A missing meal break record can expose a WV employer to a wage claim. Staying current with labor laws in West Virginia requires documentation that paper timesheets and spreadsheets cannot reliably produce.
One civil and infrastructure contractor faced a damaging employee lawsuit that pushed their company toward bankruptcy. The root cause: no clear, auditable records. After implementing Workyard, every crew member now signs off on their daily timecard.
As the Founder explained: “Time card sign-off, especially with you guys being in California, depending on if you’ve come up against anything PAGA or otherwise, this is meant for courtroom documentation… And that holds up in the courtroom for Jeff said he got injured on the 11th. But here he is right now signing off that he didn’t.”
Workyard builds that documentation layer into every workday. GPS-verified clock-ins confirm when crew members were on site. Geofenced time tracking flags punches outside the job boundary. Digital timecards capture hours per job, per crew, per pay period, with employee sign-off. Every West Virginia labor laws overtime calculation starts from a verified record. The WV wage and hour division can request these records during a wage complaint investigation; Workyard exports them in minutes.
For WV construction crews on federally funded public projects, Workyard’s job cost reporting exports to payroll platforms. Workyard supports Davis-Bacon certified payroll documentation and integrates with QuickBooks and Gusto to reduce payroll prep time.
Construction employee management needs labor law focus. Elevate your trade operations (ex. roofing) using contractor scheduling software aligned to construction HR payroll officer processes, plus QuickBooks and Gusto integrations.
Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
- Nebraska Labor Laws: Wages, Breaks and Overtime (2026)
- South Carolina Labor Laws: Wages, Breaks and Overtime (2026)
- Iowa Labor Laws: Wages, Breaks and Overtime (2026)
- Connecticut Labor Laws: Wages, Breaks and Overtime (2026)
- Pennsylvania Break Laws: Meal and Rest Break Rules (2026)
- New Hampshire Labor Laws: Wages, Breaks and Overtime (2026)
References
- 1
WV Legislature. “West Virginia Code §21-5C-2 — Minimum Wage and Maximum Hours Standards.” https://code.wvlegislature.gov/21-5C-2/
- 2
WV Legislature. “West Virginia Code §21-5C-3 — Maximum Hours / Overtime.” https://code.wvlegislature.gov/21-5C-3/
- 3
WV Legislature. “West Virginia Code §21-5-1 — Payment of Wages.” https://code.wvlegislature.gov/21-5-1/
- 4
WV Legislature. “West Virginia Code §52-3-1 — Jury Duty Leave.” https://code.wvlegislature.gov/52-3-1/
- 5
WV Legislature. “West Virginia Code §21-1A-3 — Right-to-Work.” https://code.wvlegislature.gov/21-1A-3/
- 6
WV Legislature. “West Virginia Code §21A-6-10 — Unemployment Compensation Benefit Amounts.” https://code.wvlegislature.gov/21A-6-10/
- 7
WV Division of Labor. “Wage and Hour Section.” https://labor.wv.gov/wage-hour-section
- 8
WV Division of Labor. “Minimum Wage.” https://labor.wv.gov/wage-hour/jobs-act/minimum-wage
- 9
WV Division of Labor. “Employee Break Requirements Fact Sheet.” https://labor.wv.gov/Safety/Occupational_Safety/WV_OSHA/Documents/os-state-osha-statute-and-rules/FACT%20SHEET%201%20%20-%20EMPLOYEE%20BREAK%20REQUIREMENTS.pdf
- 10
WV Division of Labor. “Child Labor Requirements Fact Sheet.” https://labor.wv.gov/Wage-Hour/Child_Labor/Documents/Child%20Labor%20Fact%20Sheets/FACT%20SHEET%201%20-%20CHILD%20LABOR%20-%20CHILD%20LABOR%20REQUIREMENTS.pdf
- 11
WV Legislature. “SB 427 — Elimination of Work Permits for Minors Aged 14–15. 2025.” https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb427+intr.htm&yr=2025&sesstype=RS&i=427
- 12
WV Legislature. “HB 4005 — Workforce Development Act of 2026. 2026.” https://blog.wvlegislature.gov/headline/2026/03/31/2026-completed-legislation-part-1/
- 13
WV Legislature. “HB 4009 — Portable Benefit Account Act. 2026.” https://blog.wvlegislature.gov/headline/2026/03/31/2026-completed-legislation-part-1/
- 14
WV Legislature. “HB 4004 — Recharge West Virginia Act. 2026.” https://blog.wvlegislature.gov/headline/2026/03/31/2026-completed-legislation-part-1/
- 15
WV Legislature. “HB 4191 — Employer Childcare Tax Credits. 2026.” https://blog.wvlegislature.gov/headline/2026/03/31/2026-completed-legislation-part-1/
- 16
WV Legislature. “HB 5485 — Proposed Minimum Wage Increase. 2026.” https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb5485+intr.htm&yr=2026&sesstype=RS&i=5485
- 17
WorkForce West Virginia. “Unemployment Benefits.” https://workforcewv.org
- 18
U.S. Department of Labor — OSHA. “2026 Annual Adjustments to Civil Penalties. 2026.” https://www.osha.gov/memos/2026-05-21/2026-annual-adjustments-osha-civil-penalties
- 19
U.S. Department of Labor. “Davis-Bacon and Related Acts — Final Rule. 2023.” https://www.dol.gov/agencies/whd/government-contracts/construction
- 20
U.S. Department of Labor. “Overtime Final Rule — FLSA Exemption Threshold. 2024.” https://www.dol.gov/agencies/whd/overtime/rulemaking
The West Virginia minimum wage is $8.75/hour in 2026 for employers with six or more non-exempt employees at a single location. HB 2481, which proposed phased increases to $15/hour by 2028, did not pass. HB 5485, introduced in February 2026 and proposing $11/hour effective January 1, 2027, stalled in committee before the 2026 session ended.
Employers with fewer than six workers follow the federal FLSA minimum of $7.25/hour. Tipped employees receive a $2.62/hour cash base, with total earnings (cash plus tips) required to reach $8.75/hour. A training wage of $9.00/hour applies to workers under 22 for the first 90 days of employment. [WV Code §21-5C-2]
No. West Virginia has no state mandate for paid or unpaid sick leave. If an employer has a sick leave policy, it must follow that policy consistently. Federal FMLA applies to employers with 50 or more employees. Eligible workers may take up to 12 weeks of unpaid leave for qualifying medical conditions. FMLA leave is unpaid unless the employer substitutes accrued paid leave.
WV construction crews earn overtime at 1.5 times the regular rate for all hours over 40 in a workweek. Most WV construction employers fall under federal FLSA coverage.
WV Code §21-5C-3 provides a parallel state standard for employers with six or more non-exempt employees not covered by FLSA. The workweek is any fixed, recurring 7-day period.
Overtime cannot be waived by agreement between employer and employee. For salaried workers, the FLSA exemption threshold is $43,888/year ($844/week) as of early 2026.
WV law requires a minimum 20-minute meal break for employees working six or more consecutive hours. That break is unpaid unless the employee works through it. WV has no state mandate for adult rest breaks — no required 10- or 15-minute break. If an employer provides voluntary rest breaks of 20 minutes or less, those must be paid under federal FLSA guidance. Workers under 16 are entitled to a 20-minute break after every five hours of work.
West Virginia has no state prevailing wage law. Federal Davis-Bacon applies to WV construction projects receiving federal funding when the contract exceeds $2,000. Under the 2023 Davis-Bacon overhaul, the definition of covered construction broadened and wage determination updates became more frequent.
Anti-retaliation protections for workers on covered projects were also strengthened. WV contractors on DOT, HUD, or other federally funded projects must post applicable wage determinations on-site. Certified payroll records are required for every pay period.
Yes. West Virginia is an at-will employment state. Employers and employees may end the relationship at any time for any lawful reason without advance notice.
Exceptions apply when a written employment contract specifies different terms, or when a collective bargaining agreement governs the relationship. Terminations that violate public policy are also prohibited. Examples include firing a crew member for reporting an OSHA safety violation or taking FMLA leave.
Yes. West Virginia is a right-to-work state under WV Code §21-1A-3. Employees cannot be required to join a union or pay union dues as a condition of employment. Workers retain the right to organize, join unions, and engage in collective bargaining. Employers may not interfere with, restrain, or coerce employees exercising those rights.
WV employers must issue a final paycheck on the next regular payday following the employee’s last day of work. Payment must go through the employer’s usual payroll channels. If a terminated or resigned employee requests payment by mail, the employer must mail the final check.
WV law does not require same-day or accelerated final pay timing. No severance is required unless the employment contract provides for it.
The minimum employment age for construction work is 14. Workers under 16 face hour restrictions: no more than 3 hours on school days, 18 hours in a school week, 8 hours on non-school days, and 40 hours in a non-school week. Work before 7 a.m. or after 7 p.m. is prohibited (9 p.m. in summer).
Effective July 11, 2025, WV eliminated school-superintendent work permits. Employers must now obtain an age certificate from the WV Division of Labor.
Written parental consent is also required before hiring any 14 or 15 year old. HB 4005 (2026) codified prohibited occupations for under-16 workers, including logging, saw milling, and all FLSA-prohibited hazardous tasks.
Workers aged 16 and 17 may work adult hours but may not operate a motor vehicle as a principal job duty.
WV employers must retain payroll records for at least 3 years, timecards and time records for at least 2 years, and general employment records for at least 1 year.
Construction employers on Davis-Bacon projects face an additional federal requirement. Certified payroll records must be kept for at least 3 years after project completion under 29 CFR 5.5. Digital time tracking with exportable records simplifies compliance with both WV and Davis-Bacon recordkeeping obligations.
