West Virginia Labor Laws

In 2020, the minimum wage in West Virginia is $8.75 per hour.

In 2020, the tipped minimum wage in West Virginia is $2.62 per hour.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($8.75 per hour) by 1½ (1.5), subtract the tip credit ($6.13 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Employers must pay their employees all wages due at least twice a month, with no more than nineteen days between paydays, unless granted a special agreement by the Commissioner of Labor to pay less frequently.

Employers are required to meet payroll at least twice a month with no more than nineteen days between paychecks, and to pay their employees for all wages earned up to and including the twelfth day immediately preceding pay day. Should an employer fail to meet these requirements, the employee may bring such issues to the attention of WV’s Division of Labor by filing a Request for Assistance (RFA).  Should the late payment of wages be a one-time occurrence and the employer has already made arrangements to immediately correct the problem, the situation would not require the filing of a Request for Assistance (RFA).

No, state law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, sick leave, etc. to their employees. However, when an employer chooses to provide such benefits that employer is responsible for establishing a written policy outlining how those benefits are earned and paid.

Yes, as long as minimum wage requirements are met, employers may reduce an employee’s hourly rate of pay or salary amount after providing the employee with an advance pay period’s written notice of when the change will occur. If an employee’s wages are reduced without such notification, the employee may file a Request for Assistance (RFA) with the Division of Labor for the difference between the hourly rate (or salary amount) the employee previously received and the reduced rate as paid on the first check reflecting the change.

The rules for paying final wages are the same regardless of whether an employee quits, resigns, or is otherwise terminated, which is the next regular pay day in which the wages would have been paid had the employee continued to work.

Any employee that does not receive his or her final wages by the next regular payday in which such wages would have normally been paid if still employed, may file a complaint for the unpaid wages with the Division of Labor by filing a Request for Assistance (RFA).

The West Virginia Wage Payment & Collection Act provides for the assessment of liquidated damages as a monetary penalty to employers that fail to pay final wages in a timely manner. Such damages are calculated at two (2) times the total amount of unpaid wages or fringe benefits owed. As this agency does not have the authority to assess such penalties, in order to pursue the collection of liquidated damages the employee must file a complaint in magistrate or circuit court in the county where the work was performed. Employees have the option of filing the complaint on their own or hiring an attorney to represent them.

No, state law does not allow an employee’s final wages to be withheld for any reason. Employers must address any unreturned property or other damages that may have been caused by an employee, or former employee, through magistrate or circuit court.

For paid meal breaks, see the Division of Labor’s meal break FAQ.

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