Knowledge — 2 years ago

West Virginia Employment Law Explained in Full

by Keren P.

West Virginia Employment Law, West Virginia Employment Laws

Employment Laws: What are Employment Laws in West Virginia?

Labor and employment laws are different for different states, and it is a subject in which both the federal as well as the state laws and guidance need to be taken into consideration.

The Laws in West Virginia are in place to provide enhanced protection to their employees as compared to the federal; laws. There are a higher minimum wage and more health care coverage obligation for smaller employers; however, the rules are similar in cases like occupational safety and computing overtime.

A few critical employment requirements are summarized here

The laws in West Virginia prohibit an employer to discriminated and retaliated against a few protected classes. They are also required to make accommodations for pregnancy and equal pay. It also prevents any form of reprisal or retaliation against any person because they have opposed a practice or act that is considered forbidden under the WVHRA. The WVHRA is applied to any employer that has 12 or more employees in that state

West Virginia allows employers to conduct pre-employment background checks as well as drug and alcohol testing. The employer is required to take the consent of the employee before carrying out any third party background check, and they also need to cover all costs involved in drug and alcohol testing.

West Virginia Employment Law

Minimum Wage in West Virginia
The minimum wage laws apply to any employer that has 6 or more employees in a single permanent location during the calendar week. The minimum wage here in Virginia is $8.75 per hour. The law also allows an employer to claim a credit that goes towards the employees minimum wage tip obligations, boarding, and lodging. Any employee under the age of 20 years can be paid a training wage for a total of 90 days.

Overtime Laws in West Virginia
Any employee that works for over 40 hours a week is entitled to one and a half times their regular pay as overtime.

Meal Breaks in West Virginia
Employees that are not afforded necessary breaks or are permitted to eat their lunch while working need to be given a meal break of a minimum of 20 minutes. Any break that is 20 minutes or less needs to be paid while a break of 30 minutes or more can be unpaid.

West Virginia Employment Laws

Child Labor in West Virginia
The Laws in West Virginia prohibit the occupation of a minor in any job that requires some hours and times in a day. All minors are also forbidden to work in situations that are hazardous to their health such as logging, sawmilling, excavation, smelting, coal mining, and any job that requires the use of heavy machinery.

Children that are 14 and 15 years of age can work for only 3 hours on a school day and 8 hours on a non-school day. They are allowed to work for a maximum of 18 hours during the school week and 40 hours during summer breaks. Any minor that works for over 5 hours consequently needs to have a meal break in between.

Leave Law in West Virginia
An employee is entitled to a certain amount of time off following the federal laws. At the same time, they are also allowed leave for jury duty; civil air patrol leave, public officials go, emergency responders leave, and voting leave. In cases where the federal and state laws overlap the more essential laws are applied.

When employment ends the employers in West Virginia need to comply with the requirements applicable for job references and final pay. All wages owed to the employee before termination should be paid on the regular payday either by normal mode of payment or by post if requested by the former employee.


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