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Wage and hour law in West Virginia sets the minimum requirements for how employees are paid and the hours they are required or allowed to work. These laws address minimum wage, overtime pay, meal and break requirements, and recordkeeping obligations for both employers and employees. West Virginia follows federal labor laws under the Fair Labor Standards Act (FLSA) and also has its own state-specific regulations to ensure fair compensation and protection for workers within its jurisdiction.
There are a variety of situations where consulting a wage and hour lawyer in West Virginia makes sense. Employees may contact legal counsel if they believe they are not being paid minimum wage, are denied overtime pay, have unpaid wages, or suspect illegal wage deductions. Misclassification as salaried, exempt, or independent contractor status can also affect your rights. Employers may seek legal help to ensure compliance with complex state and federal laws, defend wage-related lawsuits, or properly classify their workers. Legal assistance can help you understand your rights and secure fair compensation or compliance.
West Virginia wage and hour laws cover several important topics. The state minimum wage is currently $8.75 per hour, which is higher than the federal minimum of $7.25 per hour. Most employees in West Virginia are entitled to overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek, unless specifically exempt. Employers must keep accurate payroll records and comply with specific regulations regarding youth labor, meal breaks, and rest periods. While the state does not require private employers to provide paid breaks, minors have special protections. Both employers and employees must also be mindful of rules concerning final paycheck delivery, tip pooling, and wage deductions.
As of 2024, the minimum wage in West Virginia is $8.75 per hour for most employees. Some exemptions may apply for certain categories, such as tipped workers or student workers.
Non-exempt employees are entitled to 1.5 times their regular rate of pay for all hours worked over 40 in a single workweek.
Not all salaried employees are exempt from overtime. Eligibility depends on job duties and whether the position meets the federal and state criteria for exemption. Misclassification is common, so consult an attorney if you are unsure.
West Virginia law does not require employers to provide meal or rest breaks for adults, but minors working at least five consecutive hours are entitled to a 30-minute meal break.
Only specific deductions allowed by law can be made from your paycheck, such as taxes, court-ordered withholdings, or deductions authorized in writing by the employee for specific purposes.
You have the right to receive wages on regular paydays. If your employer is late with payment, you may file a wage complaint with the West Virginia Division of Labor or consult an attorney for further action.
Tipped employees may be paid a lower hourly wage (currently $2.62 per hour) as long as their total earnings (with tips) equal at least the state minimum wage.
For involuntary termination, your final paycheck is due on or before the next regular payday. If you resign, it is due by the next regular payday as well. Employers must pay all wages earned, including accrued vacation or paid time off if it is provided by company policy.
Retaliation is illegal. Employers cannot fire, demote, or discriminate against employees who assert their rights or file a complaint about wage and hour violations.
You can start by contacting the West Virginia Division of Labor and submitting a wage claim form. You may also consider consulting an attorney for advice on the proper steps and potential legal action.
If you need more information or wish to file a complaint, the following resources can be helpful:
If you believe your wage and hour rights have been violated or if you have specific questions about your employment situation, start by gathering relevant documents such as pay stubs, work schedules, and employment agreements. Consider contacting the West Virginia Division of Labor to file a complaint or to seek further guidance. For personalized advice and representation, consult with a qualified employment or wage and hour attorney in West Virginia. An experienced lawyer can assess your unique situation, explain your rights, and help you pursue any remedies available under the law.
