West Virginia (WV) Labor and Employment Laws

September 23rd, 2006 Posted by Marilyn

Labor and employment laws cover a wide range of workplace issues. There are both federal and state regulations that employers must follow to maintain a lawful workplace. These laws are there to protect both workers and employers and to strengthen the workforce as a whole. It is always a good idea to get to know at least some of these laws, as they will affect you throughout the course of employment.

West Virginia (WV) labor and employment laws include a minimum wage and maximum hour law which requires all employers with more than six employees to pay a minimum wage at the rate of $5.85 per hour and to pay overtime at a rate of 1-1/2 times the regular hourly rate of pay for all hours worked over 40 in a seven consecutive day period. Employers are required to establish regular paydays and pay their employees at least every two weeks. When an employee is discharged from employment, all wages due must be paid within 72 hours, in the event that an employee quits, wages are due by the next regularly scheduled payday. While they are not required to be offered by law an employer must make known to all employees in writing or by accessible posted notice all employment practices and policies regarding vacation pay, sick leave and other fringe benefits. The law also requires employers to allow a twenty-minute meal break to those employees working at least a six-hour shift.

Wage and hour laws are just a fraction of what is covered under West Virginia (WV) labor and employment laws. The laws cover all aspects of employment across every industry. This includes employment agencies and labor organizations as well. Where there is no state law in place there are federal laws that cover issues that may arise in the course of employment.

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Posted in Employment Laws, Labor and Employment, West Virginia

  1. Posted by: aaron

    Can i get a job at 14?

  2. Posted by: Amelia

    HI Aaron! For a complete answer to your question, please post it at our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs! ~ Amelia

  3. Posted by: Jackie Barnett

    Good evening!! I am writing out of wonder. I work for “CP” Cabinetry. On April 7th of this yr they informed us, 45 min. into the shift, the plant was closing.We were told we would be paid for the day and as the week went on, we were told we would get paid for the remaining of the week using vac. time. ( we work 4 ten hr days)We had been sold by Mr P to Mr. S in July of 2008. Mr. S was the owner that went bankrupt. Then Mr. P stepped in and bought the plant back, and we started production on the 26th of May. We were told we would not be receiving the money owed to us( we were never paid for the week the plant closed) because Mr. P wasn’t responsible and wasn’t his problem.Do we just walk away and not worry about it or are we owed that money and if we are who owes us? When the bank took ovr when the plant went bankrupt it was a UK bank, does that make any difference?If you could give me any ideas on what I can do for myself and the other 40+ employess I would greatly appreciate. Thank you so much for your time and have a wonderful evening.
    Sincerely,
    Jackie

  4. Posted by: Amelia

    Hi Jackie! Unfortunately, it may be very difficult for you and your coworkers to collect vacation or back pay from an employer who has gone bankrupt — even though a new employer has started the same business in the same location. This situation is very common. When an employer goes bankrupt, sometimes employees find they are owed weeks of wages which are never paid. You can take the former employer to small claims court or hire an attorney to sue him, but if the company is bankrupt that means the company does not have the money to pay you, even if you win.
    Mr. P appears to be operating a new business that is entirely separate from Mr. S’s business — even though it is in the same location. So he is right — he’s not responsible for Mr. S’s business debts.
    Employers in West Virginia must follow West Virginia law, even when they are owned by a bank in the UK. HTH, and thanks for reading the blogs!~Amelia

  5. Posted by: Jackie Barnett

    Hello Amelia !! I just wanted to thank you so very much for not only answering my question bu you replied so fast !!! I realize that I indeed am only one of thousands if not millions that is owed and left hanging but you listening and caring enough to reply, was awesome. Again thank you and I hope you have a wonderful evening !!
    Sincerely,
    Jackie

  6. Posted by: Amelia

    Hi Jackie! You are more than welcome! Please feel free to post a question anytime. ~Amelia

  7. Posted by: kenny

    I work for a mail house in WV.The company is sending people that have worked here 5 - 10 years home as soon as we walk in the door in the morning with no prior notice and keeping new hires that make less money of course here to do the work.We are not compensated for our time for showing up.Is this legal.
    No name

  8. Posted by: Amelia

    Hi kenny! This is a tough situation but it is entirely legal. A company in West Virginia can send workers home at the beginning of the shift, and not pay them. Some states require that the workers be paid for a minimum percentage of the shift, such as two hours, four hours or 50%. West Virginia does not. The employer can also choose to send home the higher-paid workers. Sorry, wish we could offer more help. Thanks for reading the blogs!~ Amelia

  9. Posted by: staci

    Message what would you consider being an employee and your employer pulled your husband who is not an employee into their office and stated that they think you were having an affair with somebody, and that caused a real problem in your marriage.. then the next day mad a comment that I should not bring my personal life to work..

  10. Posted by: Amelia

    Hi staci! Obviously the employer is not acting in a professional way. It is inconsistent for the employer to inform your husband that you are having an affair and then tell you to keep your personal life at home. (Unless the comment was because your husband was in the workplace. ) But this conduct is not illegal. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Tanya See

    If an employer fires an employee are they suppose to pay them their vacation pay within 48 hours. The employee handbook states you do not get your vacation pay if you quit, but would get it if you resigned with a 2 week notice. There is nothing in the handbook about vacation pay if you are fired.

    Thanks a bunch and I’m bookmarking this site!

  12. Posted by: Amelia

    Hi Tanya! There is no West Virginia law that an employer must pay a terminated worker for unused vacation at all. So there is no law that the payment must take place within 48 hours. Several states (such as California) have such laws, but West Virginia does not. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: conner

    Hi, my wife had taken verbal abuse for the year she was empolyeed. And finally yesterday she went to her boss and asked her if she would stop the name calling, picking, cussing, etc. And today she went in and was fired I was just curious if anything could be done. Also we live west virginia but this occured in rocky, gap ,Va. Thank you for any advice

  14. Posted by: Amelia

    Hi conner! Unfortuantely, no there is probably nothing that can be done. Sadly, there is no law against verbal abuse in the workplace, including swearing, name-calling, etc. If your wife was the target of such abuse due to her race, color, sex, religion, national ancestry, pregnancy, disability, age (between 40 and 70), that would be illegal discrimination. However, there is a breed of supervisor that those of us in HR call “an equal-opportunity a-hole.” These unhappy people are equally abusive and rude to everyone, which means their conduct is legal. Your wife should file for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: conner

    Thank you for your advice on the subject you seem to be very wise. I will apply your advice and pray for the best. Again thank you

  16. Posted by: Amelia

    Hi conner! You are very welcome. Feel free to post any additional questions you might have. ~ Amelia

  17. Posted by: mike

    Hi, i was wondering if there is anything that can done about this. I work for a telemarking group in West Virginia, and my supervisor came to me and asked me to sign a monitoring form that was done on me ,which i didn’t agree with,so i refused to sign it ,as soon as i did that he told me to log out and go home,without pay.it that legal and is it possible to do anything about it,like maybe go to small claims court to get back my lost wages for the day,cause this happens on a regular basis with people who work there.any advise would be helpful.

  18. Posted by: Amelia

    Hi Mike! Unfortunately, the employer holds all the cards in this situation. When you sign a written reprimand, you are not admitting guilt. You are simply verifying that the issue was discussed with you. Since it was discussed with you, it would have been wise to sign the form. If you felt the form was inaccurate, you can write “I disagree with this information.” and then sign it. The written warning still counts, whether you sign it or not.
    An employer has the right to suspend an hourly employee for a day or a portion of a day, without pay, for disciplinary reasons. When you (unreasonably) refused to sign the written warning, the employer took the next disciplinary step by suspending you without pay for the remainder of the day. This was not necessarily good management, but it was lawful. As an hourly employee, no, you cannot go to small claims court to recover money for time that you never worked.
    Unpaid suspension is a very common disciplinary tactic, and usually the last step before termination for poor performance. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Marlene

    Can an employer decide not to pay holidays and paid vacation, when it is listed as part of the position? An just by announcing it make happen?

  20. Posted by: Amelia

    Hi Marlene! Unfortunately, yes, the employer can eliminate paid vacations and holidays. There is no state or federal law that an employer must provide paid vacations or paid holidays. If the employer chooses to offer such benefits, the employer sets the policies regarding them. And the employer can change those policies at any time, simply by informing employees that they have been changed. There is no law that the employer must maintain the same employment policies that were in place when the employee was hired. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: Stefanie

    I work for a portrait studio in WV and yesterday we got our schedule for Christmas.. They want us there 9 a.m. to 9 p.m., 7 days a week and have NO days off.. They have also asked us to clock out for our 10 minute breaks, which I refuse to do.. Can they really make us do this?? This would be 77 hours a week, after our lunch every day!

  22. Posted by: Amelia

    Hi Stefanie! Yes, the employer can lawfully require that you work 77 hours per week, 80 hours per week or even 100 or more hours per week. Under both West Virginia and federal law, the employer must pay overtime when you work more then 40 hours per week.
    The employer can require that you clock out for your 10-minute breaks — and this is a good way of tracking breaks, to ensure that every employee receives them. However, under federal law, you must be paid for any break that is shorter than 20 minutes. If the employer has more than $500,000 per year in revenue, they are covered by federal minimum wage and overtime laws. HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Bill

    Can an email from a boss count as a written reprimand to be used in termination? I was never informed it was a reprimand and never asked to sign anything.

  24. Posted by: Amelia

    Hi Bill! There is really almost no employment law on what is and is not a written reprimand. Many employees are surprised to learn that there is no “magic” number of reprimands after which they can be fired. This is a matter of company policy, rather than law.
    So the answer is: Yes, if the employer wants to count an email as a reprimand, they can. (It certainly proves that the issue was communicated to the employee on a certain date, which is one of the main functions of a written reprimand.) An employer can terminate an employee with or without any written reprimands. However, the presence of written reprimands makes it more difficult for an employee who is fired to collect unemployment. And it is not clear if the West Virginia unemployment agency will consider an email a reprimand for eligibility requirements. HTH, and thanks for reading the blogs!~ Amelia

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