States›West Virginia
West Virginia Employer HR Compliance Guide
West Virginia is a relatively employer-friendly state with a modest compliance burden compared to most states. It largely follows federal standards on leave, classification, and wage-hour rules, with few state-specific expansions. There have been no major recent legislative changes that significantly increase employer obligations.
Key Facts — West Virginia
- Minimum Wage
- West Virginia's minimum wage is $8.75 per hour, higher than the federal $7.25. State minimum wage requirements apply only when six or more nonexempt employees work at the same separate, distinct, and permanent location; smaller worksites default to federal rules. No scheduled increases are currently on the books, and there are no major local minimum wage variations.
- Pay Transparency
- No state pay transparency law requiring salary ranges in job postings or upon request. West Virginia Code § 21-5-9 requires employers to provide written notice of pay rate and payment details at time of hire, and at least one pay period's advance notice before any changes to pay rate or terms. Employees retain federal NLRA protections for discussing wages among themselves.
- Paid Family & Medical Leave
- No state Paid Family and Medical Leave program. West Virginia employees are covered only by federal FMLA where applicable, and employers are not required to provide paid family or medical leave beyond any voluntary or contractual policies.
Priority Compliance Actions
- 1Audit all job offer letters and onboarding documents to ensure written wage rate and payment details are provided at time of hire per W. Va. Code § 21-5-9.
- 2Implement a policy requiring at least one full pay period's advance written notice to employees before any changes to pay rate or payment terms.
- 3Verify tipped employee pay calculations ensure cash wage plus tips equals at least $8.75 per hour, and document tip records accordingly.
- 4Confirm that meal breaks of at least 20 minutes are scheduled and recorded for any employee working six or more hours in a day.
- 5Review independent contractor agreements to ensure workers classified as contractors meet the economic reality test criteria and are not functioning as de facto employees.
Leave Laws
Federal FMLA applies to West Virginia employers with 50 or more employees, providing up to 12 weeks of unpaid, job-protected leave. West Virginia has no state-mandated paid sick leave law. There is no state-level family leave or paid medical leave program beyond FMLA. Employers should also be aware of military leave protections under USERRA.
Wage & Hour
West Virginia follows federal FLSA overtime rules requiring 1.5x pay for hours worked over 40 in a workweek; there are no additional state overtime provisions. The tipped employee cash wage is $2.62 per hour (70% credit against the $8.75 minimum), provided tips bring total pay to at least $8.75. Employers must provide a meal break of at least 20 minutes during any workday of six hours or more. Final paycheck must be paid by the next regular payday following separation.
Worker Classification
West Virginia is an at-will employment state, allowing termination for any lawful reason without notice. Independent contractor classification generally follows the federal economic reality test under the FLSA; misclassification can trigger back wage and tax liability. Non-compete agreements are enforceable if reasonable in scope, duration, and geographic area, though courts scrutinize overly broad restrictions.
Hiring & Onboarding
West Virginia does not have a statewide ban-the-box law for private employers, though state government employers have adopted fair-chance hiring practices. There is no state salary history ban. New hire reporting is required within 14 days to the West Virginia New Hire Reporting Center. Drug testing is permitted and common, particularly in safety-sensitive industries, without specific state restrictions beyond general privacy considerations.
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