West Virginia Payroll Laws (2023 Guide For Employers)
How much do you know about West Virginia payroll laws?
This guide will break down the following questions about West Virginia payroll laws:
- What is the West Virginia minimum wage?
- How does sick leave work in West Virginia?
- What are the time off rules in West Virginia?
- How do final paychecks work in West Virginia?
- What are the overtime rules in West Virginia?
- Are you paid during jury duty in West Virginia?
Without wasting any time, let’s answer these questions.
Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on West Virginia payroll laws.
West Virginia Minimum Wage & Overtime Laws
The minimum wage in West Virginia is currently $8.75 per hour, which is higher than the federal minimum wage of $7.25 per hour.
West Virginia employers must comply with the higher state minimum wage rate.
Tipped employees, such as restaurant servers, can be paid a lower hourly rate, provided that their tips and hourly rate combined meet the minimum wage requirement.
West Virginia overtime laws dictate that non-exempt employees who work more than 40 hours in a workweek must receive overtime pay at a rate of 1.5 times their regular rate of pay for any hours worked over 40.
Some employees, such as firefighters and health care professionals, may have different overtime regulations based on federal law and the Fair Labor Standards Act (FLSA).
Payday Laws & Final Paycheck Regulations in West Virginia
In West Virginia, state law mandates that employees must be paid at least twice per month, with no more than 19 days between paydays.
Employers can choose a more frequent pay schedule, such as weekly or bi-weekly, but must adhere to these minimum requirements.
When an employee is terminated or leaves a job, the final paycheck is due by the next regular payday.
This includes any outstanding wages, overtime pay, and fringe benefits owed to the employee.
In the event of a dispute over final wages, the West Virginia Division of Labor can assist employees in recovering unpaid wages.
Penalties & Fines for Late Payment in West Virginia
Employers in West Virginia who fail to pay their employees on time can face penalties and fines.
The West Virginia Division of Labor can impose fines for failing to pay wages or overtime on time.
Employees can pursue a private cause of action to recover unpaid wages, attorney’s fees, and court costs.
Recordkeeping Requirements & Pay Stub Laws in West Virginia
Employers in West Virginia are required to maintain accurate records of employee work hours, wages, and deductions for a minimum of three years.
This includes records such as time cards, payroll registers, and tax forms.
Failure to maintain these records can result in penalties and fines.
West Virginia state law also requires employers to provide employees with an itemized statement of wages and deductions for each pay period.
This pay stub must include the employee’s name, the number of hours worked, the rate of pay, and any deductions made.
Employers who fail to provide pay stubs can face penalties and fines.
Employee Rights & Protections in West Virginia
Employees in West Virginia have certain rights and protections under state and federal law.
These include protections against discrimination based on race, color, national origin, religion, sex, age, disability, or genetic information.
West Virginia employers must also provide reasonable accommodations for employees with disabilities and adhere to the Family and Medical Leave Act (FMLA) and military leave regulations.
Workers in West Virginia are entitled to meal breaks and rest periods based on the number of hours worked in a workday.
Employees under the age of 18 are subject to child labor laws that restrict the number of hours they can work and the types of jobs they can perform.
These minors must also be provided with additional breaks and cannot work during school hours without a valid work permit.
West Virginia employees have the right to a safe and healthy workplace, as mandated by federal law and the Occupational Safety and Health Administration (OSHA).
Employers are required to comply with safety regulations and provide necessary safety equipment and training.
In addition, employees in West Virginia have the right to workers’ compensation benefits if they are injured on the job.
Workers’ compensation provides medical care, wage replacement, and rehabilitation services for employees who suffer work-related injuries or illnesses.
Time Off, Leave, & Benefits in West Virginia
Under West Virginia labor laws, employees are entitled to various types of time off and leave.
This includes sick leave, jury duty, and bereavement leave, although specific policies and requirements may vary by employer.
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. West Virginia employers must adhere to FMLA requirements and provide leave for employees who qualify.
In addition to FMLA, West Virginia has its own medical leave laws that may apply in certain situations.
The West Virginia Parental Leave Act provides eligible employees with up to 12 weeks of unpaid leave for the birth or adoption of a child or the placement of a foster child.
The West Virginia Military Family Leave Act allows employees with a spouse, child, or parent in the military to take up to 27 days of unpaid leave per deployment.
Final Paycheck & Late Payment Penalties in West Virginia
Employees in West Virginia are entitled to receive their final paycheck by the next regular payday following termination or resignation.
If an employer fails to provide a final paycheck on time, they may face penalties, including fines and potential legal action from the employee.
In cases where an employee is not paid on time, they may file a complaint with the West Virginia Division of Labor to recover unpaid wages and seek enforcement of wage laws.
Calculating Overtime Rate & Ensuring Proper Wage Payment in West Virginia
In West Virginia, the overtime rate for non-exempt employees is calculated at 1.5 times their regular rate of pay for hours worked beyond the standard 40-hour workweek.
Employers must ensure they are accurately calculating and paying overtime to avoid penalties and fines.
When calculating an employee’s wages, employers must also account for any deductions, such as federal and state taxes, social security contributions, and other legally required withholdings.
It is the employer’s responsibility to ensure that these deductions are accurate and remitted to the appropriate agencies in a timely manner.
Hour Laws & Working Conditions in West Virginia
West Virginia hour laws establish guidelines for employee work hours, rest breaks, and meal periods.
These regulations help promote a safe and healthy work environment and prevent employee exploitation.
Employers must adhere to these laws and provide employees with the required breaks and meal periods based on the number of hours worked in a workday.
In addition to standard hour laws, West Virginia also has specific regulations for employees with certain medical conditions.
For example, pregnant employees or those with related medical conditions may be entitled to additional accommodations or modified work schedules to ensure their well-being.
Special Employment Regulations in West Virginia
The state of West Virginia has specific employment regulations for certain industries and age groups.
For instance, minors under 18 years of age are subject to child labor laws that limit the number of hours they can work and the types of jobs they can perform.
Summer camp employees in West Virginia are also subject to unique employment regulations.
These regulations may include specific wage and hour requirements, background checks, and additional safety and training measures to ensure the safety and well-being of camp participants.
Disclaimer: Not Legal Advice
This blog post provides a general overview of West Virginia labor laws but does not constitute legal advice.
Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations.
Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.
If you have any questions about your rights or obligations as an employer or employee in West Virginia, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation.
By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.
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