West Virginia Labor Laws and Lawyers

Labor laws in West Virginia protect employees and their rights. The laws ensure that employees are paid fairly and have all the benefits to which they are entitled. They are also designed to stop employers from breaking any federal or state laws that would hurt employees.

What Is the Minimum Wage in West Virginia?

West Virginia’s minimum wage is $8.75 per hour. For tipped employees, the minimum wage is $2.62 per hour. If an employee is under 22, the minimum wage is $6.40 for the first 90 days. West Virginia’s minimum wage statute sets forth increases from the time the statute was enacted in 2006, with the goal being to have the minimum wage be $15.00 by 2028.

If an employer fails to pay an employee the proper amount, they will become subject to legal liability. They will be required to pay the employee back for the missed payment amounts and other damages (this may vary from case to case).
West Virginia minimum wage laws require employers to count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements if waiting is part of the employee’s job.

What Is the Difference Between Part-Time vs. Full-Time in West Virginia?

West Virginia does not say how many hours you must work to be full-time or part-time. Each company may set those hours for themselves. If you do not know if you are a full-time or part-time employee, you should look at your employment contract or your employee handbook or speak to your supervisor or human resources department.

Part-time workers may have different rights and benefits when compared to regular full-time workers. For instance, they might not have access to medical or dental insurance and other benefits. This, again, will depend on the individual contract between the employee and their employer.

How Does Overtime Work in West Virginia?

West Virginia has no laws controlling how much overtime an employee can work. An employer can order as much overtime as it chooses to. An employer can fire an employee who refuses to work overtime.

Employees who are paid by the number of items produced or by a unit of measurement are still entitled to the payment of overtime wages under the requirements of state law. Once a calculation is made to determine the employee’s hourly rate for the workweek, the number of hours worked more than forty for that week is to be paid at a rate.

West Virginia employers are bound by federal and state law to pay 1 ½ times the regular hourly pay for every hour worked over 40 hours per week. On the federal level, this is dictated by the federal Fair Labor Standards Act (FLSA). Salesmen, farm workers, federal employees, mechanics, and local bus employees are exempt from overtime pay under federal law

West Virginia has taken great care to determine when certain employees are exempt from the overtime requirements. According to the provisions of §21-5C-1(f) of the West Virginia Code, the following workers are not entitled to overtime pay:

• Federal government workers
• Newsboys, shoeshine boys, golf caddies, pin-boys, and pin chasers in bowling alleys
• Traveling salesman
• The employer’s parent, son, daughter, and spouse
• Professionals, executives, and administrators
• Anyone who is receiving vocational training
• A disabled individual working in a nonprofit shelter workshop
• Those working in a boys’ or girls’ summer camp
• Anyone 62 years old or older who is receiving Social Security benefits
• Agricultural workers
• State-employed firefighter
• Certain bus drivers
• Theater ushers
• Those employed on a per diem basis by the State Senate, the House of Delegates, or the Joint Committee on
• Government and Finance
• Car and truck salesmen and mechanics
• Seasonal employees of whitewater rafting companies
• Seasonal employees of amusement parks

What Happens if You Are Not Paid Correctly?

In many cases, the issue with a paycheck involves a mistake regarding an employee’s pay rate or the miscalculation of the number of hours the employee has worked. In other cases, the amount paid might not be correct because of an error, oversight, or intentional issue with their wage rate.

A wage and hour lawsuit may be necessary in these situations. These types of claims allow the courts to review the situation and determine the appropriate remedy for the employee. In some cases, many other employees may also be affected (such as when a policy in the office violates wage laws).

If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the members of the group.

What Health Benefits are Required in West Virginia?

The federal Affordable Care Act (ACA) applies to all employers with 50 or more full-time employees. It requires these companies to offer health insurance. Also, the employer’s plan must cover at least 60% of typical healthcare costs. Smaller companies are not required to provide insurance, so it is up to them to determine whether or not to offer insurance. Furthermore, the employer decides whether part-time employees are entitled to health benefits.

How Does Employment Discrimination Law Work in West Virginia?

In West Virginia, as in all other states, it is illegal for an employer to discriminate against an employee because of race, color, religion, sex, national origin, age, disability, genetic information, or citizenship status. West Virginia has also specifically made it against the law to discriminate based on blindness. It is also against the law for an employer to punish an employee who has complained about discrimination.

You must first file with an agency to resolve a discrimination issue with your employer. You can file locally with the West Virginia Human Rights Commission or federally with the Equal Employment Opportunity Commission (EEOC). Both agencies have their own deadlines, so make sure to file early so as not to miss any time limits. The agencies will investigate your claim, and if they find your employer has discriminated against you, they will take action.

If the agency does not act on your behalf, you can institute a lawsuit for discrimination in federal or state court. Whether you file in federal or state court, there are limits on how much you can get back.

The damages limit for federal court depends on the size of the company. For state court in West Virginia, damages in the form of back pay are limited to 2 years from filing the claim, and front pay is limited to 3 years from the end of the lawsuit. Also, in state court, punitive damages cannot be more than 2 times the amount you receive in compensatory damages.

Is There Paid Time-Off for Employees in West Virginia?

West Virginia does not provide employees additional benefits outside the federal Family and Medical Leave Act (FMLA). The FMLA only applies to large companies operating in more than one state with at least 50 employees. Under that law, employees are entitled to 12 weeks of unpaid leave for illness, to take care of a sick family member, or to take care of an infant or newly adopted child.

Under the FMLA, you can return to your job after your leave. Your employer also cannot cancel your health benefits while you are on break.

Where Can I Find a Local Lawyer to Help Me?

You should never accept being denied your rights by your employer. Contact a West Virginia labor lawyer to discuss what you need to do to protect your rights. Your attorney can represent you in court and provide answers to any legal inquiries you may have.