Introduction to employment laws in West Virginia
Overview
West Virginia’s employment landscape is shaped by a blend of federal and state-specific regulations. The West Virginia Division of Labor governs the state’s labor laws, providing oversight and enforcement in areas ranging from wage standards to safe working conditions.
Whether you’re a startup looking to build your first team or an established company hiring new employees, understanding and maintaining compliance with these laws can save you from costly legal disputes and penalties. Here’s what you need to know.
Employing in West Virginia: Key employment laws and practices
Standard work hours
In West Virginia, full-time employment is generally considered to be between 30 to 40 hours per week. However, this is not legally defined and may vary based on job role, industry, and the specific terms of the employment agreement.
Companies employing contractual workers or self-employed professionals must define the terms of working hours within the contract. These can vary significantly from traditional full-time roles, often with more flexibility. It’s crucial to ensure these working arrangements comply with state and federal laws. For example, even if a professional is self-employed or contractual, if their working relationship with your company meets certain criteria, they might be legally considered an employee under West Virginia employment laws and entitled to relevant protections.
Minimum wage and overtime
In West Virginia, the minimum wage for private sector employees is currently set at $8.75 per hour. Employers are obligated to pay at least this rate for all hours worked up to 40 hours in a week.
Work beyond 40 hours in a week is considered overtime. Non-exempt employees are entitled to pay at 1.5 times their regular rate for overtime hours under the federal Fair Labor Standards Act (FLSA). Certain employees, like those in executive or managerial roles or those engaged in certified professions like law or accounting, are generally exempt from overtime provisions if their salary exceeds $684 per week, which is the federal minimum.
Insurance and benefits
In West Virginia, employers are obligated to offer certain insurance and benefits as mandated by state and federal laws. These include Social Security and Medicare where both employer and employee contributions are mandatory. State unemployment insurance must also be provided, with contribution rates varying from 0.05% to 12.00% of an employee’s salary up to a maximum of $14,000 annually.
Benefit | Employer contribution | Employee contribution |
Social Security (Federal) | 6.20% on salary up to $168,000 annually | 6.20% on salary up to $168,000 annually |
Medicare (Federal) | 1.45% | 1.45% |
Unemployment insurance (State) | 1.5% – 8.5% on salary up to $14,000 annually | N/A |
Workers’ compensation insurance | Varies according to the insurance carrier | N/A |
Multiplier makes it easy to manage benefits for West Virginia employees.
Meal and rest periods
West Virginia employment laws stipulate that employees should get regular breaks and meal periods during work hours. These intervals offer employees a chance to rest, recharge, and maintain their productivity throughout the day.
Employees who work more than six hours in a single shift must receive a break of about 20 minutes during that shift. Workers under the age of 18 must receive a break of at least 30 minutes if scheduled to work more than five hours.
Beyond this, employers in West Virginia should familiarize themselves with FLSA regulations regarding federal rules for employee meals and breaks. Employers must additionally ensure they comply with any collective bargaining agreements or employment contracts that may outline different break requirements to avoid potential legal pitfalls.
Anti-discrimination laws
In West Virginia, a strong legal framework exists to prevent workplace discrimination. This comes under both federal and state laws, designed to protect employees from unfair treatment based on protected classes such as age, race, religion, gender, and sexual orientation.
Under West Virginia HR compliance regulations, employers are prohibited from discriminatory practices in hiring, firing, promoting, compensating, or any other terms and conditions of employment. The West Virginia Human Rights Act is the state law that enforces these protections for workers. Any employer found guilty of violating these anti-discrimination laws could face severe penalties including fines and legal action.
Leave policies
Leave policies in West Virginia largely default to federal standards and, beyond this, are up to employers’ discretion. For example, there is no state statute governing vacation or sick leave. Even so, it’s common for businesses to provide both paid and unpaid leave as part of their HR policies. And, for sick leave, employers follow the federal Family and Medical Leave Act (FMLA), which grants eligible employees up to 12 weeks of unpaid, job-protected leave annually for certain family and medical reasons.
West Virginia does not mandate employers to provide paid days off on public holidays. However, in practice, many companies do allow workers to take federal holidays as paid days off. In some instances, companies also acknowledge state holidays as paid time off. If a public holiday falls on a weekend, companies generally compensate with a day off in lieu, typically on the preceding Friday or the following Monday.
| Leave type | Duration | Paid/Unpaid |
| Vacation leave | Varies | Varies |
| Public holiday leave | Varies | Varies |
| Sick leave | Up to 12 weeks per year (under FMLA) | Unpaid |
Easily onboard employees in West Virginia?
Termination laws
When it comes to termination of employment in West Virginia, the majority of employees are at-will workers. This means either the employer or employee can end the employment relationship without notice or reason, as long as it’s non-discriminatory and doesn’t violate any laws. In cases of mass dismissal, however, employers must adhere to the federal Worker Adjustment and Retraining Notification Act (WARN). This law requires employers to provide at least 60 days’ notice to affected employees. When it comes to severance pay, there is no specific law requiring employers to offer this benefit unless stipulated in an employment contract or collective bargaining agreement.Safety and health
Ensuring employee safety and health is a major aspect of West Virginia HR compliance. Specific safety regulations vary depending on the industry, but all employers are expected to provide a safe and healthy work environment. When incidents occur, employers are required by law to report injuries promptly. State-specific details regarding safety regulations can be found on West Virginia’s Division of Labor website – a key resource for additional information on workplace safety standards.Taxes in West Virginia
Both employers and employees in West Virginia are subject to various taxes. Employers are responsible for contributing to Unemployment Insurance, FICA Social Security, FICA Medicare, and the Federal Unemployment Tax Act (FUTA). Employee contributions include FICA Social Security, FICA Medicare, and an additional tax on earnings exceeding $200,000.| Tax type | Employer contribution | Employee contribution |
| Unemployment insurance | 0.05% – 12.00% on salary up to $14,000 annually | – |
| State income tax | – | Graduated at 2.36 – 5.12 |
| FICA Social Security | 6.20% on salary up to $168,000 annually | 6.20% on salary up to $168,000 annually |
| FICA Medicare | 1.45% | 1.45%, plus an additional 0.9% on earnings over $200,000 |
| Federal Unemployment Tax Act (FUTA) | 0.60% – 6.00% on salary up to $7000 annually | – |
Managing West Virginia employees with an Employer of Record (EOR)
To employ top talent in West Virginia, it’s crucial to understand the state’s unique employment laws and HR compliance requirements. Navigating through these complexities may be daunting, but with an experienced partner like Multiplier, the process can be streamlined. Multiplier offers an Employer of Record (EOR) service that enables businesses to employ full-time workers in West Virginia without setting up local entities. This, coupled with our Global Payroll platform which lets you pay your U.S. workforce on time while taking care of local taxes, contributions, and withholdings, and global benefits administration that ensures your employees access fully compliant, competitive benefits, means you can hire, onboard, pay, and manage international employees and contractors from a single interface. Book a demo today to see how Multiplier can simplify your legal and HR processes.FAQs
In West Virginia, full-time employment is generally considered as being between 30 and 40 hours per week. However, this isn’t a legal definition, and it may vary depending on the employer’s policy or the specific terms of an employment contract.
Under the federal Fair Labor Standards Act, non-exempt employees are eligible for overtime pay at a rate of 1.5 times their regular pay if they work more than 40 hours in a week. However, if employees earn more than $684 per week (the state threshold), perform executive or managerial duties, or work in certain licensed professions like law or accounting, they might be exempt from overtime.
The minimum wage for private-sector employees in West Virginia is set at $8.75 per hour. There are exceptions for certain categories of workers, such as agricultural employees, executive employees, or immediate family members.
Employers in West Virginia are required to make several contributions towards payroll taxes. These include Unemployment Insurance (ranging from 0.05% – 12.00%), new employer unemployment tax (2.90%-3.25%), FICA Social Security (6.20%), FICA Medicare (1.45%), and The FUTA tax (0.60% – 6.00%). The total employment cost ranges from 12.45% – 24.85%.
West Virginia does not require employers to provide paid sick leave or vacation time. Leave policies are typically determined by the employer or through collective bargaining agreements. However, under the Family and Medical Leave Act (FMLA), certain employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.
