Intro to West Virginia Labor Laws
Keep your business compliant with local employment and labor laws in West Virginia, including minimum wage, benefit requirements, leave requirements, and more.
Minimum Wage
The minimum wage in West Virginia is $8.75 per hour for most employers with six or more employees.
References:
Minimum Exempt Salary Requirements
West Virginia follows the federal minimum exempt requirement of $684 per week or $35,568 per year for most exemptions from minimum wage and overtime.
References: Federal Minimum Exemption Threshold
Meal & Rest Laws
In West Virginia, employees receive at least 20 minutes of break time when assigned to a work shift of six or more hours. Employers may grant employees a single break period or divide the break time into smaller increments at any time during the workday that the employer deems reasonable.
References: Meal Break Fact Sheet
Lactation Accommodation Laws
West Virginia follows the federal requirements and doesn’t have state-specific lactation accommodations laws or regulations.
Updates to West Virginia Labor Laws
Keep up to date with important changes to state and local employment laws in West Virginia.
West Virginia recently enacted legislation that provides new state standards for determining whether a worker is considered an employee or independent contractor and thus whether they are entitled to certain employee benefits and protections. The law details specific acknowledgements that must be included in a written contract for independent contractors, as well as the additional criteria that must be met in order to maintain independent contractor status. The act additionally mentions that employers are free to hire any worker as an employee, even those workers who meet the criteria for an independent contractor.
Employers in West Virginia must still comply with federal guidance for independent contractor status under the Fair Labor Standards Act (FLSA).
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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