West Virginia Employment Laws

Federal and state laws protect the rights of employees and regulate employer actions in West Virginia.

By Amber Sheppard, Esq. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed October 24, 2024

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

West Virginia's minimum wage is $8.75. Under the Fair Labor Standards Act, employers can lower the minimum wage if the difference between the hourly rate and the employee's tips equals the state minimum wage limit.

Child labor is allowed for children under 18 as long as the minors' guardians agree to it for ages 14 to 17. If public school is open, minors can't have work hours during school hours or more than 18 hours in a week. The West Virginia Division of Labor monitors eligible employees and conditions of employment. It also strictly enforces child labor laws.

This section covers West Virginia's overtime law, a summary of federal law, and if you get your regular rate or more. FindLaw also lists legal holidays and how they affect vacation time. Meal breaks and the Fair Labor Standards Act are also included. Links to whistleblower laws to protect employees who report their employer's misdeeds are in this section, too.

Talk to a West Virginia Employment Lawyer

If someone denied you military leave parental leave, or you think your private employer is violating a minimum wage requirement, talk to a West Virginia labor law lawyer. Labor lawyers can review employment contracts and work environment situations to let you know if you have a case. You may be able to file Family and Medical Leave Act (FMLA) complaints on your own, but talk to a lawyer first to ensure you do it correctly.

Learn About West Virginia Employment Laws

  • West Virginia Overtime Laws

    An overview of the basics of West Virginia overtime pay and wage laws. This section includes overtime requirements, like classifying the full-time and part-time hours during a West Virginia workweek. It includes the length of a workday and how it gets calculated. Learn details about who is eligible for overtime, the pay rate, and how to file a wage complaint.

  • West Virginia Whistleblower Laws

    General information about how West Virginia's whistleblower statute protects public workers who report their employer's illegal or unethical acts from retaliation. Retaliation can include withholding hourly wages, the next regular payday paycheck, or demotion. Employers must adhere to the West Virginia Human Rights Act, which bans discrimination based on race, religion, national origin, age, disability, and more.

  • West Virginia Legal Holidays Laws

    Summary of what a legal holiday in West Virginia is and if it affects your wage payments on payday. There is a list of West Virginia's legal holidays. The holiday time off does not require payment, but an employer can increase the wage rate for those who work the holiday.

  • West Virginia Right to Work Law

    Overview of West Virginia's right-to-work law that bans labor unions from collecting monthly dues from non-union members to cover union-related costs. This section explains collective bargaining agreements and the employment relationship.

  • West Virginia Workers' Compensation Laws

    Workers' compensation pays damages and payments for medical injuries to those injured on the job. This section explains full and partial disability and how to file a complaint.

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