🇺🇸 West Virginia EMPLOYMENT LAW — 2026 UPDATE

West Virginia Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 21, 2026
Last Reviewed: January 21, 2026
Applicable Period: 2026
Jurisdiction: State of West Virginia, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in West Virginia
Employee Rights in West Virginia
Discrimination Laws in West Virginia
Reasonable Accommodations
Employer Obligations in West Virginia
Filing Complaints
Remote Work in West Virginia
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

West Virginia employment law establishes the legal framework governing workplace relationships between employers and employees throughout the Mountain State. This comprehensive guide explains employee rights, employer obligations, and enforcement mechanisms under both West Virginia state law and applicable federal statutes.

West Virginia’s employment law framework combines state-specific protections with federal requirements under laws including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and other federal statutes. Understanding both state and federal law is essential for compliance and protection of rights.

This guide covers:

At-will employment doctrine and exceptions
State and federal wage and hour requirements
Minimum wage and overtime regulations
Discrimination and harassment protections
Reasonable accommodation requirements
Employer recordkeeping and posting obligations
Complaint filing procedures and deadlines
Recent 2026 legislative updates

Primary Sources:

All information in this guide is derived from official government sources, including:

West Virginia Code (wvlegislature.gov)
West Virginia Division of Labor guidance (labor.wv.gov)
West Virginia Human Rights Commission regulations (hrc.wv.gov)
U.S. Department of Labor regulations (dol.gov)
Equal Employment Opportunity Commission guidance (eeoc.gov)

Employment Law Framework in West Virginia

1.1 At-Will Employment Doctrine

West Virginia follows the at-will employment doctrine as the default employment relationship.

Statutory Basis:

According to West Virginia Division of Labor, as explained in Wage Payment & Collection FAQ, published on the official website:

“Unless the employer violates employee discrimination laws, or the terms and conditions of an employment contract or collective bargaining agreement, they have the right to hire and fire their employees ‘at will’ without explaining their actions.”

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx
Last accessed: January 21, 2026

What At-Will Employment Means:

For Employees:

Employment may be terminated at any time, with or without cause or notice, subject to exceptions
Employees may resign at any time, with or without cause or notice
No inherent right to continued employment
Protection exists through statutory exceptions

For Employers:

May terminate employees at any time, subject to exceptions
Must comply with all anti-discrimination laws
Must honor employment contracts and collective bargaining agreements
Must not violate public policy

Exceptions to At-Will Employment:

West Virginia recognizes several important exceptions to at-will employment:

1. Discrimination Laws

Employers may not terminate employees based on protected characteristics under:

West Virginia Human Rights Act (W. Va. Code §§ 5-11-1 et seq.)
Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)
Age Discrimination in Employment Act (29 U.S.C. § 621)
Americans with Disabilities Act (42 U.S.C. § 12101)

2. Employment Contracts

Written or implied contracts that specify:

Term of employment
Grounds for termination
Termination procedures
Notice requirements

3. Collective Bargaining Agreements

Union contracts that establish:

Just cause requirements for termination
Grievance procedures
Arbitration processes
Seniority rights

4. Public Policy Exceptions

West Virginia courts recognize termination as wrongful when it violates public policy, including:

Refusing to commit illegal acts
Exercising legal rights (e.g., filing workers’ compensation claims)
Performing legal duties (e.g., jury service)
Whistleblowing on illegal conduct

Source: West Virginia common law and statutory provisions

1.2 Labor Law vs. Employment Law

Understanding the distinction between “employment law” and “labor law” helps clarify which legal framework applies to specific workplace issues.

Employment Law:

Employment law is the broader legal framework that governs individual employment relationships, workplace rights, and employer obligations. It includes:

State Employment Law (West Virginia):

Minimum wage and overtime (W. Va. Code § 21-5C)
Wage payment requirements (W. Va. Code § 21-5)
Child labor protections (W. Va. Code § 21-6)
Employee meal breaks (W. Va. Code § 21-3)
Legal employment verification (W. Va. Code § 21-1B)

Federal Employment Law:

Fair Labor Standards Act – FLSA (29 U.S.C. § 201)
Title VII Civil Rights Act (42 U.S.C. § 2000e)
Americans with Disabilities Act – ADA (42 U.S.C. § 12101)
Age Discrimination in Employment Act – ADEA (29 U.S.C. § 621)
Family and Medical Leave Act – FMLA (29 U.S.C. § 2601)

Labor Law:

Labor law is a subset of employment law focused specifically on collective bargaining, union organization, and labor-management relations. It includes:

Federal Labor Law:

National Labor Relations Act – NLRA (29 U.S.C. § 151)
Railway Labor Act (45 U.S.C. § 151)
Labor-Management Relations Act (29 U.S.C. § 141)

State Labor Law (West Virginia):

West Virginia Workplace Freedom Act (W. Va. Code § 21-5G)
Labor organization regulations (W. Va. Code Ch. 21)
Public employee collective bargaining (limited scope)

When Each Applies:

Employment law applies when:

Determining minimum wage and overtime pay
Addressing workplace discrimination or harassment
Requesting reasonable accommodations
Filing wage claims
Exercising leave rights under FMLA

Labor law applies when:

Organizing a union
Conducting collective bargaining
Filing unfair labor practice charges
Engaging in protected concerted activity
Addressing union security agreements

1.3 Right-to-Work Status

West Virginia is a right-to-work state under the West Virginia Workplace Freedom Act.

Statutory Authority:

West Virginia Code § 21-5G-1 et seq., enacted February 12, 2016, and effective July 1, 2016, establishes West Virginia as a right-to-work state.

Source: West Virginia Legislature
Citation: West Virginia Code Chapter 21, Article 5G
Official website: https://code.wvlegislature.gov/21-5G/
Effective date: July 1, 2016
Court affirmation: West Virginia Supreme Court of Appeals upheld the law in April 2020

What Right-to-Work Means:

The West Virginia Workplace Freedom Act prohibits:

Compulsory union membership: Employers and unions cannot require employees to join or remain members of a labor organization as a condition of employment
Compulsory union fees: Employers and unions cannot require employees to pay dues, fees, or other charges to a labor organization
Compulsory charitable contributions: Employers and unions cannot require employees to contribute to charity in lieu of paying union dues

Employee Rights Under Right-to-Work:

Employees may choose whether to join a union
Employees may choose whether to pay union dues
Employees cannot be denied employment based on union membership status
Employees cannot be terminated for refusing to join a union or pay dues

Union Obligations:

Under federal law (National Labor Relations Act), unions must provide fair representation to all employees in a bargaining unit, regardless of whether those employees:

Are union members
Pay union dues
Support the union

Employer Obligations:

Employers in unionized workplaces must:

Comply with all provisions of collective bargaining agreements
Negotiate with certified unions
Not discriminate based on union membership status
Not interfere with employees’ rights to organize or refrain from organizing

Penalties for Violations:

The West Virginia Workplace Freedom Act provides:

Criminal penalties including fines up to $5,000
Administrative remedies
Compensatory and punitive damages for injured employees
Injunctive relief

Source: W. Va. Code § 21-5G-7

Federal Preemption:

Right-to-work laws operate within the framework of federal labor law. The National Labor Relations Act permits states to enact right-to-work laws under Section 14(b).

Source: National Labor Relations Act, 29 U.S.C. § 164(b)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section164&num=0&edition=prelim

Employee Rights in West Virginia

2.1 Wage and Hour Rights

West Virginia establishes minimum wage, overtime, and wage payment requirements that work in conjunction with federal law.

2.1.1 Minimum Wage

Current West Virginia Minimum Wage (2026):

Amount: $8.75 per hour

Effective date: December 31, 2015 (no changes since)

Statutory Authority:

According to West Virginia Code § 21-5C-2(a)(5):

“After December 31, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour.”

Source: West Virginia Code § 21-5C-2
Official text: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Documents/%C2%A721-5C%20MINIMUM%20WAGE%20AND%20MAXIMUM%20HOURS%20STANDARDS%20FOR%20EMPLOYEES%201966.pdf
Last amended: 2014

Federal Minimum Wage:

According to the U.S. Department of Labor:

Federal minimum wage: $7.25 per hour
Effective date: July 24, 2009

Source: Fair Labor Standards Act, 29 U.S.C. § 206(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL information: https://www.dol.gov/agencies/whd/minimum-wage/state

Which Minimum Wage Applies:

Employers must pay the higher of state or federal minimum wage. Since West Virginia’s minimum wage ($8.75) exceeds the federal minimum wage ($7.25), covered West Virginia employers must pay at least $8.75 per hour.

Coverage:

West Virginia minimum wage law applies to employers who:

According to West Virginia Code § 21-5C-1(e):

“‘Employer’ includes the State of West Virginia, its agencies, departments and all its political subdivisions, any individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee; and who employs during any calendar week six or more employees as herein defined in any one separate, distinct and permanent location or business establishment.”

Source: W. Va. Code § 21-5C-1(e)
Available at: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Documents/%C2%A721-5C%20MINIMUM%20WAGE%20AND%20MAXIMUM%20HOURS%20STANDARDS%20FOR%20EMPLOYEES%201966.pdf

Key Coverage Requirements:

Employer must have six or more employees
Employees must work in one location
Location must be separate, distinct, and permanent

Exceptions and Exemptions:

West Virginia Code § 21-5C-1 lists numerous exemptions from minimum wage requirements, including:

Executive, administrative, and professional employees
Outside salespeople
Individuals in domestic service
Employees of nonprofit charitable, educational, or religious organizations (under certain conditions)
Newspaper delivery workers
Golf caddies
Agricultural workers (as defined in FLSA)
Certain seasonal amusement or recreational establishments
Others as specified in statute

Source: W. Va. Code § 21-5C-1(f)

Subminimum Training Wage:

West Virginia law previously allowed a subminimum training wage for newly hired employees. Current status may be verified with the West Virginia Division of Labor.

2.1.2 Overtime Requirements

West Virginia Overtime Law:

West Virginia Code § 21-5C-3 addresses maximum hours and overtime compensation.

According to the statute:

“The commissioner [of labor] is authorized from time to time to promulgate and publish such regulations relating to the employment of workers for more than forty hours a week as may be necessary to effectuate the purposes of this article.”

Source: W. Va. Code § 21-5C-3
Available at: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Documents/%C2%A721-5C%20MINIMUM%20WAGE%20AND%20MAXIMUM%20HOURS%20STANDARDS%20FOR%20EMPLOYEES%201966.pdf

Important Note on West Virginia Overtime:

According to the West Virginia Division of Labor:

“The authority for overtime wages in the state of West Virginia is the United States Department of Labor under the provisions of the Fair Labor Standards Act.”

Source: West Virginia Division of Labor, Wage Claim Authority and Referral Information
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Documents/WAGE%20CLAIM%20AUTHORITY%20AND%20REF%20INFO%202016.pdf
Last updated: 2016

Federal Overtime Law (FLSA) – Governs West Virginia:

The Fair Labor Standards Act establishes overtime requirements for most West Virginia employees.

According to 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Overtime Requirements:

Rate: Time and one-half (1.5×) the regular rate of pay
Trigger: Hours worked over 40 in a workweek
Workweek: Seven consecutive 24-hour periods (168 hours total)
Payment: Required in the pay period when overtime is worked

Who is Covered:

Overtime protections cover non-exempt employees. Exempt employees (who meet salary and duties tests) are not entitled to overtime.

Common Exempt Categories:

Executive employees
Administrative employees
Professional employees
Computer employees
Outside sales employees
Highly compensated employees

Exemption Requirements:

To qualify for exemption, employees generally must:

Be paid on a salary basis
Earn at least $684 per week ($35,568 annually)
Perform exempt job duties as defined by Department of Labor regulations

Source: U.S. Department of Labor, FLSA exemptions
Regulations: 29 C.F.R. Part 541
Information: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Important: Job titles alone do not determine exempt status. The employee’s actual job duties and salary must meet all requirements.

Blue-Collar Workers:

According to U.S. Department of Labor guidance:

“FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and labors are entitled to minimum wage and overtime premium pay under FLSA, and are not exempt under the Part 541 regulations no matter how highly paid they might be.”

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary

First Responders:

Police officers, firefighters, paramedics, EMTs, and similar first responders are entitled to overtime regardless of rank or pay, with limited exceptions for specific high-level positions.

Calculating Overtime Pay:

Regular Rate of Pay:

The regular rate includes:

Hourly wages
Salary (converted to hourly)
Non-discretionary bonuses
Shift differentials
Commission earnings

The regular rate excludes:

Discretionary bonuses
Gifts
Payments for non-work time (vacation, holidays, sick leave)

Overtime Rate = Regular Rate × 1.5

Example:

Regular rate: $15.00/hour
Overtime rate: $15.00 × 1.5 = $22.50/hour

Compensatory Time:

Private sector employees generally may not receive compensatory time off instead of overtime pay. Public sector employees may receive compensatory time under specific conditions.

2.1.3 Meal and Rest Breaks

West Virginia Meal Break Requirements:

West Virginia law requires meal breaks for certain employees.

According to the West Virginia Division of Labor:

“The Wage and Hour Section of the West Virginia Division of Labor is responsible for the enforcement of state wage payment laws, minimum wage and overtime requirements, child labor, verifying the legal employment status of workers, state wage bond requirements, employee meal break requirements, the maximum work hours (schedule) for nurses…”

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Pages/default.aspx
Last accessed: January 21, 2026

Specific Requirements:

According to West Virginia Division of Labor:

Employees are entitled to a 20-minute meal break after six hours of work when the employee is not permitted to eat while working.

Source: West Virginia Division of Labor, Division Authority and Referral Information
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Pages/Division-Authority-and-Referral-Information.aspx
Last accessed: January 21, 2026

Key Points:

Duration: At least 20 minutes
Trigger: After six hours of continuous work
Condition: Employee cannot eat while working
Unpaid: Meal breaks are generally unpaid if employee is completely relieved of duties

Rest Breaks:

West Virginia does not require rest breaks (short breaks of 5-20 minutes) separate from meal breaks.

Federal Law:

Federal law does not require meal or rest breaks for adult employees.

According to U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Last accessed: January 21, 2026

Common Employer Approaches:

When employers provide breaks:

Short breaks (5-20 minutes): Usually counted as hours worked and must be paid
Meal breaks (30+ minutes): May be unpaid if employee is completely relieved of duties

Nursing Mothers:

Under federal law (Patient Protection and Affordable Care Act), employers must provide:

Reasonable break time for nursing mothers to express breast milk
A private place (not a bathroom) for expressing milk
For up to one year after the child’s birth

Source: Fair Labor Standards Act, 29 U.S.C. § 207(r)
DOL guidance: https://www.dol.gov/agencies/whd/pump-at-work

For additional information on nursing mothers’ rights, contact:

U.S. Department of Labor, Wage & Hour Division
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd/pump-at-work

2.1.4 Wage Payment Requirements

West Virginia establishes strict requirements for when and how employees must be paid.

Frequency of Wage Payments:

According to West Virginia wage payment laws, as stated in the West Virginia Division of Labor poster:

“Pay employee wages at least twice a month, with no more than 19 days between paydays.”

Source: West Virginia Division of Labor, Wage Payment and Collection poster
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/WPC%20Poster.pdf
Reference: W. Va. Code § 21-5-9

Method of Payment:

Employers must:

“Compensate employees for services rendered by cash, check, direct deposit, or money order, and make arrangements with a bank convenient to the place of employment for employees to have immediate access to their wages.”

Source: West Virginia Division of Labor, Wage Payment and Collection poster
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/WPC%20Poster.pdf

Final Paycheck Requirements:

Upon separation from employment:

“When an employee is discharged, quits, resigns, is laid off, or is on strike, pay the employee on or before the next regularly scheduled payday for all work he or she performed prior to his or her separation from employment.”

Fringe Benefits:

“On separation from employment, pay an employee the fringe benefits due and payable according to the time, terms, and conditions of an employer-employee agreement, whether verbal or written, if any.”

Source: West Virginia Division of Labor, Wage Payment and Collection poster
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/WPC%20Poster.pdf

Permitted Deductions:

According to West Virginia Division of Labor FAQ:

“Employers are permitted to take certain withholdings from an employee’s wages without having to obtain the specific written authorization of the employee. In addition to normal payroll taxes, some examples of permissible withholdings include union or club dues, payments to credit unions, charities, savings plans, medical insurance premiums, contributions to pension plans, etc.”

“Outside of those payroll deductions that are permitted by state law, or required by court order, employers must obtain the employee’s written notarized consent before taking any other type of payroll withholdings.”

Source: West Virginia Division of Labor, Wage Payment & Collection FAQ
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx
Last accessed: January 21, 2026

Wage Theft Penalties:

Employers who fail to pay wages as required may face:

Civil penalties
Liquidated damages
Interest on unpaid wages
Attorney fees for successful employee claims

Enforcement:

The West Virginia Division of Labor, Wage and Hour Section, enforces wage payment laws.

Contact Information:

West Virginia Division of Labor
Wage and Hour Section
Phone: Available through main Division of Labor number
Website: https://labor.wv.gov/Wage-Hour/Pages/default.aspx

2.2 Paid Leave Requirements

2.2.1 Paid Sick Leave

State Requirement:

West Virginia does not mandate paid sick leave for private sector employees.

Search Verification:

West Virginia legislature website searched for paid sick leave statutes
West Virginia Division of Labor website reviewed
No state statute requiring private employers to provide paid sick leave found
Search conducted: January 21, 2026

Federal Requirement:

There is no federal law requiring private sector employers to provide paid sick leave.

According to U.S. Department of Labor:

“There is no federal law that requires employers to provide paid sick leave.”

Source: U.S. Department of Labor
Information: https://www.dol.gov/general/topic/workhours/sickleave
Last accessed: January 21, 2026

Family and Medical Leave Act (FMLA):

While FMLA does not provide paid leave, it provides eligible employees with unpaid, job-protected leave for:

Birth and care of newborn child
Placement of child for adoption or foster care
Care for spouse, child, or parent with serious health condition
Employee’s own serious health condition
Qualifying military family exigencies
Care for covered military service member with serious injury or illness

FMLA Eligibility:

Employees are eligible if they:

Work for a covered employer (50+ employees within 75 miles)
Have worked for the employer for at least 12 months
Have worked at least 1,250 hours in the 12 months before leave
Work at a location with 50+ employees within 75 miles

Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim
DOL information: https://www.dol.gov/agencies/whd/fmla

For FMLA Questions:

U.S. Department of Labor
Wage and Hour Division
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd/fmla

Public Sector Employees:

West Virginia state government employees accrue sick leave.

According to West Virginia Division of Personnel:

“All employees earn sick leave at the same rate (1.50 days/month = 18 days/year) and are allowed to carry an unlimited sick leave balance.”

Source: West Virginia Division of Personnel
Available at: https://personnel.wv.gov/employees/Leave/sick/Pages/default.aspx
Last accessed: January 21, 2026

Public sector sick leave policies apply only to government employees and do not extend to private sector workers.

2.2.2 Paid Vacation and PTO

State Requirement:

West Virginia does not require employers to provide paid vacation or paid time off (PTO).

Employer Policies:

When employers choose to provide vacation or PTO:

According to West Virginia Division of Labor FAQ:

“Although employers have the right to set the terms and conditions for how commissioned sales are earned and paid, once commissions are determined payable to the employee they are considered wages.”

This principle extends to vacation pay. Once earned according to employer policy, vacation becomes wages that must be paid according to policy terms.

Source: West Virginia Division of Labor, Wage Payment & Collection FAQ
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx

Employer Rights:

Employers may:

Choose whether to offer vacation/PTO
Set accrual rates and eligibility requirements
Establish use-it-or-lose-it policies
Cap accrual amounts
Change policies with advance notice

According to West Virginia Division of Labor FAQ:

“Yes, since state law does not require employers to provide their employees with fringe benefits, they have the right to change, or even discontinue, their existing policies by providing written notice to the affected employees at least one pay period in advance of when the change will occur.”

Source: West Virginia Division of Labor, Wage Payment & Collection FAQ
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx

Payment Upon Termination:

“Does a change in policy have any affect on fringe benefits that were earned under the conditions of the previous policy?”

“Although an employer may change a written policy at any time by providing employees with an advance pay period’s notice, the employees must be allowed to exhaust any benefits that were already earned or accrued under the previous policy.”

Source: West Virginia Division of Labor, Wage Payment & Collection FAQ
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx

Employers must follow their established policies regarding vacation payout at termination.

2.2.3 Other Leave Types

Jury Duty:

West Virginia law protects employees who serve on jury duty. Specific provisions may be verified with the West Virginia Division of Labor.

Military Leave:

Federal law (Uniformed Services Employment and Reemployment Rights Act – USERRA) protects employees who serve in the military.

Source: 38 U.S.C. § 4301 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title38/part3/chapter43&edition=prelim
DOL information: https://www.dol.gov/agencies/vets/programs/userra

Voting Leave:

West Virginia law regarding time off for voting may be verified with the West Virginia Division of Labor or West Virginia Secretary of State.

Bereavement Leave:

West Virginia does not require paid bereavement leave. Employer policies vary.

Discrimination Laws in West Virginia

3.1 Overview of Protections

West Virginia prohibits employment discrimination through state and federal law. The West Virginia Human Rights Act provides state-level protections, while federal statutes including Title VII, the ADA, and the ADEA provide additional protections.

Legal Framework:

State Protection:

According to the West Virginia Human Rights Commission:

Source: West Virginia Human Rights Commission
Available at: https://oig.wv.gov/human-rights-commission
Last accessed: January 21, 2026
Reference: W. Va. Code §§ 5-11-1 et seq. (West Virginia Human Rights Act)

Federal Protection:

Multiple federal laws prohibit employment discrimination:

Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Genetic Information Nondiscrimination Act (GINA)
Pregnancy Discrimination Act

3.2 Protected Classes

Employment discrimination law protects specific categories of workers.

3.2.1 State Protected Classes (West Virginia)

According to West Virginia Code §§ 5-11-1 et seq., the West Virginia Human Rights Act prohibits employment discrimination based on:

West Virginia Protected Classes:

Race
Religion
Color
National origin
Ancestry
Sex
Age (40 years and above)
Blindness
Disability

Source: West Virginia Human Rights Act
Citation: W. Va. Code § 5-11-9
Official website: https://code.wvlegislature.gov/16B-17-9/
Human Rights Commission: https://oig.wv.gov/human-rights-commission

Coverage:

The West Virginia Human Rights Act applies to:

Employers: With 12 or more employees for most provisions; 15 or more employees for certain provisions
Employment actions: Hiring, firing, compensation, terms, conditions, privileges of employment
Housing discrimination: Prohibited based on race, religion, color, national origin, ancestry, sex, blindness, disability, or familial status
Public accommodations: Prohibited based on race, religion, color, national origin, ancestry, sex, age, blindness, or disability

Source: W. Va. Code § 5-11-3

3.2.2 Federal Protected Classes

Federal law provides additional protections beyond West Virginia state law.

Title VII Protected Classes:

According to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2:

“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Federal Protected Classes:

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity)
National origin
Age (40 and older) – ADEA
Disability – ADA
Genetic information – GINA

Sources:

Title VII: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm
ADEA: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/adea.cfm
ADA: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/ada.cfm
GINA: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/gina.cfm

Coverage:

Title VII: Employers with 15 or more employees
ADEA: Employers with 20 or more employees
ADA: Employers with 15 or more employees
GINA: Employers with 15 or more employees

3.3 Types of Unlawful Discrimination

Discrimination can take many forms in the workplace.

3.3.1 Disparate Treatment

Direct discrimination where an employer intentionally treats an employee less favorably because of a protected characteristic.

Examples:

Refusing to hire qualified candidates because of their race
Paying women less than men for the same work
Denying promotion opportunities based on age
Terminating employees due to disability

3.3.2 Disparate Impact

Facially neutral policies that disproportionately affect protected groups without business justification.

Examples:

Height or weight requirements unrelated to job duties
Educational requirements unnecessary for job performance
Testing that disproportionately excludes protected groups
Policies that unnecessarily exclude workers with disabilities

3.3.3 Harassment

Harassment based on protected characteristics creates a hostile work environment or results in adverse employment action.

Elements of Harassment:

Unwelcome conduct based on protected characteristic
Severity or pervasiveness that creates hostile environment
Employer knew or should have known about harassment
Employer failed to take prompt corrective action

Types of Harassment:

Verbal (slurs, jokes, epithets)
Physical (assault, unwanted touching, blocking movement)
Visual (offensive pictures, gestures, graffiti)
Sexual advances or requests for sexual favors

3.3.4 Retaliation

Retaliation against employees who oppose discrimination or participate in discrimination proceedings is prohibited.

Protected Activities:

Filing a discrimination charge
Participating in an investigation or lawsuit
Opposing discriminatory practices
Requesting reasonable accommodation
Resisting sexual advances

Adverse Actions:

Termination
Demotion
Pay reduction
Unfavorable job assignment
Harassment or intimidation

Source: Title VII, 42 U.S.C. § 2000e-3
EEOC guidance: https://www.eeoc.gov/retaliation

3.4 Sexual Harassment

Sexual harassment receives specific attention under both state and federal law.

Definition:

Sexual harassment is unwelcome sexual conduct that affects employment decisions or creates a hostile work environment.

Two Types of Sexual Harassment:

1. Quid Pro Quo (This for That):

Employment decisions conditioned on submission to sexual conduct:

Job offers contingent on sexual favors
Promotions in exchange for dates or sexual activity
Threats of termination for refusing advances
Favorable assignments for sexual submission

2. Hostile Work Environment:

Severe or pervasive unwelcome sexual conduct that interferes with work performance or creates an intimidating, hostile, or offensive environment:

Sexual jokes, comments, or innuendo
Unwanted sexual advances or touching
Sexually explicit images or materials
Sexual gestures or looks
Questions about sexual activity or orientation

Employer Liability:

Employers may be held liable for sexual harassment by:

Supervisors (strict liability for quid pro quo; liability for hostile environment unless affirmative defense proven)
Co-workers (liability if employer knew or should have known and failed to take corrective action)
Non-employees (customers, vendors – liability under certain circumstances)

Source: EEOC guidance on sexual harassment
Available at: https://www.eeoc.gov/sexual-harassment

West Virginia Requirements:

The West Virginia Human Rights Commission enforces prohibitions against sexual harassment in the workplace.

Source: W. Va. Code § 5-11-9
Commission website: https://oig.wv.gov/human-rights-commission

3.4.1 Sexual Harassment Training

West Virginia does not mandate sexual harassment prevention training for private employers as of 2026.

Search Verification:

West Virginia Code searched for training mandate
No statewide training requirement found for private sector
Some public sector entities may have training requirements
Date: January 21, 2026

Federal Requirements:

Federal law does not require sexual harassment training. The EEOC provides guidance on training programs.

Common Employer Approaches:

Employers may:

Establish clear anti-harassment policies
Provide regular training to all employees
Train managers on handling complaints
Investigate complaints promptly and thoroughly
Take appropriate corrective action
Prohibit retaliation against complainants

3.5 Pregnancy Discrimination

Federal Protection:

The Pregnancy Discrimination Act (PDA) amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.

According to 42 U.S.C. § 2000e(k):

“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.”

Source: Title VII, as amended by Pregnancy Discrimination Act
Citation: 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/pregnancy-discrimination

Requirements:

Employers must treat pregnant employees the same as other employees similar in their ability to work:

Cannot refuse to hire because of pregnancy
Cannot force leave if employee is able to work
Must hold job during pregnancy leave same as other medical leave
Must provide same benefits as provided for other medical conditions
Cannot discriminate in pay, assignments, or promotions

Pregnant Workers Fairness Act (Federal):

Effective June 27, 2023, the Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21H&edition=prelim
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

West Virginia Pregnant Workers’ Fairness Act:

West Virginia enacted its own Pregnant Workers’ Fairness Act.

Source: W. Va. Code §§ 5-11B-1 et seq.
Human Rights Commission rules: W. Va. Code R. §§ 71-10-1 et seq.
Available at: https://oig.wv.gov/human-rights-commission

3.6 Age Discrimination

Federal Protection (ADEA):

The Age Discrimination in Employment Act protects workers age 40 and older.

According to 29 U.S.C. § 623(a):

“It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 623(a)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section623&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

Coverage:

Employers with 20 or more employees
Employees age 40 and older
All employment decisions

Prohibited Actions:

Age-based hiring decisions
Forced retirement (with limited exceptions)
Age-based pay differences
Exclusion from training or development
Discriminatory layoff selection
Age-based harassment

State Protection:

West Virginia law also prohibits age discrimination for workers age 40 and above.

Source: W. Va. Code § 5-11-9
Available at: https://code.wvlegislature.gov/16B-17-9/

3.7 Disability Discrimination

Federal Protection (ADA):

The Americans with Disabilities Act prohibits discrimination based on disability.

According to 42 U.S.C. § 12112(a):

“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(a)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Definition of Disability:

Under the ADA, a person with a disability is someone who:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record of such an impairment
Is regarded as having such an impairment

Qualified Individual:

A qualified individual with a disability is someone who:

Satisfies job-related requirements (education, experience, skills)
Can perform the essential functions of the job, with or without reasonable accommodation

Coverage:

Employers with 15 or more employees
All employment decisions
Reasonable accommodation requirements

State Protection:

West Virginia law prohibits discrimination based on blindness or disability.

According to West Virginia Code § 5-11-9(1):

“It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the State of West Virginia or its agencies or political subdivisions: (1) For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions, or privileges of employment if the individual is able and competent to perform the services required even if such individual is blind or disabled.”

Source: West Virginia Code § 5-11-9
Citation: W. Va. Code § 5-11-9(1)
Official text: https://code.wvlegislature.gov/16B-17-9/
Last accessed: January 21, 2026

3.8 Genetic Information Discrimination

Federal Protection (GINA):

The Genetic Information Nondiscrimination Act prohibits discrimination based on genetic information.

According to 42 U.S.C. § 2000ff-1(a):

“It shall be an unlawful employment practice for an employer to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee.”

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff-1(a)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff-1&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Coverage:

Employers with 15 or more employees
Prohibits using genetic information in employment decisions
Restricts employers from requesting, requiring, or purchasing genetic information
Requires strict confidentiality of genetic information

3.9 Religious Discrimination and Accommodation

Federal Protection:

Title VII prohibits religious discrimination and requires reasonable accommodation.

According to 42 U.S.C. § 2000e-2(a)(1):

Employers may not discriminate based on religion in hiring, firing, or terms and conditions of employment.

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-2(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/religious-discrimination

Reasonable Accommodation Requirement:

Employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would cause undue hardship.

Common Religious Accommodations:

Schedule changes for religious observances
Dress code modifications for religious attire
Prayer breaks during work day
Job duty modifications that conflict with religious beliefs
Voluntary shift substitutions or swaps

Undue Hardship:

Employers need not provide accommodation if it would cause more than de minimis cost or burden on business operations.

State Protection:

West Virginia law also prohibits religious discrimination.

Source: W. Va. Code § 5-11-9
West Virginia Human Rights Commission rules: W. Va. Code R. §§ 71-3-1 et seq.
Available at: https://oig.wv.gov/human-rights-commission

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Both federal and state law require employers to provide reasonable accommodations for qualified individuals with disabilities.

Legal Framework:

Federal – Americans with Disabilities Act:

According to 42 U.S.C. § 12112(b)(5)(A):

“The term ‘discriminate against a qualified individual on the basis of disability’ includes… not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: ADA, 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

State – West Virginia Human Rights Act:

West Virginia law similarly requires accommodation for qualified individuals who are blind or disabled.

Source: W. Va. Code § 5-11-9
Human Rights Commission rules: W. Va. Code R. §§ 71-1-1 et seq. (Rules Regarding Discrimination Against Individuals With Disabilities)
Available at: https://oig.wv.gov/human-rights-commission

4.2 The Interactive Process

When an employee requests accommodation, employers should engage in an “interactive process” to identify effective accommodations.

Interactive Process Steps:

Step 1: Request for Accommodation

Employee notifies employer of disability-related need
Request need not be formal or use specific words
Request can be made orally or in writing
Third parties (family, doctor) may make request on employee’s behalf

Step 2: Gather Information

Employer may ask about:
- Nature of disability (if not obvious)
- Functional limitations
- How disability limits job performance
- What accommodation is needed
Employer may request medical documentation if:
- Disability is not obvious
- Need for accommodation is not clear

Step 3: Explore Accommodation Options

Employer and employee discuss possible accommodations
Consider employee’s preference
Evaluate effectiveness of options
Assess whether accommodation would pose undue hardship

Step 4: Select and Implement Accommodation

Choose effective accommodation
Implement accommodation promptly
Provide accommodation in accessible format if needed
Document accommodation provided

Step 5: Monitor Effectiveness

Assess whether accommodation is working
Make adjustments if needed
Repeat interactive process if circumstances change
Keep accommodation current as job or disability changes

Interactive Process Considerations:

Respond promptly to accommodation requests
Keep interactive process informal and flexible
Maintain confidentiality of medical information
Document the interactive process
Consider employee’s preference for accommodation
Focus on job performance, not disability

4.3 Common Workplace Accommodations

Reasonable accommodations vary widely based on individual needs and job requirements.

Examples of Reasonable Accommodations:

Physical Accessibility:

Wheelchair-accessible workspace
Reserved parking space
Ramps or elevators
Accessible restrooms
Ergonomic furniture

Job Restructuring:

Eliminating marginal job functions
Modifying work schedule or hours
Allowing telecommuting
Providing part-time schedule
Job sharing arrangements

Equipment and Technology:

Screen reading software
Voice recognition software
Telephone amplifiers
Specialized keyboards or mice
Adjustable desks or chairs
Assistive listening devices

Policies and Procedures:

Modified break schedule
Service animal accommodation
Allowing food or drink at workstation
Providing additional training time
Modified attendance policy
Providing written instructions

Support Services:

Sign language interpreter
Reader for blind employee
Travel attendant
Job coach
Modified training materials
Written communications for deaf employees

Source: EEOC guidance on reasonable accommodation
Available at: https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability

4.4 Undue Hardship Exception

Employers need not provide accommodations that would impose “undue hardship” on business operations.

Undue Hardship Definition:

According to 42 U.S.C. § 12111(10):

“The term ‘undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”

Factors for Determining Undue Hardship:

Nature and cost of accommodation
Overall financial resources of facility
Number of persons employed at facility
Effect on expenses and resources
Overall financial resources of covered entity
Overall size of business
Type of operation
Impact of accommodation on facility operations

Source: ADA, 42 U.S.C. § 12111(10)(B)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim

Undue Hardship is a High Standard:

Cost alone rarely establishes undue hardship
Must consider employer’s total resources, not just department budget
Must explore whether costs could be offset (tax credits, state/federal funding)
Must consider whether other accommodations would be effective with less cost

Employer Obligations When Accommodation Causes Undue Hardship:

If preferred accommodation causes undue hardship, employer must:

Consider alternative accommodations that would be effective without undue hardship
Discuss alternatives with employee through interactive process
Allow employee opportunity to provide accommodation at their own expense if employer cannot

4.5 Religious Accommodations

Employers must accommodate sincerely held religious beliefs unless doing so causes undue hardship.

Legal Standard:

According to Title VII:

“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Title VII, 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation

Common Religious Accommodations:

Flexible scheduling for religious observances
Voluntary shift substitutions or swaps
Job reassignments and lateral transfers
Modification of workplace practices or policies
Exception to dress or grooming rules

Religious Accommodation Undue Hardship:

For religious accommodation, undue hardship means more than de minimis cost or burden on business operations. This is a lower standard than disability accommodation undue hardship.

4.6 Pregnancy Accommodations

Under the Pregnant Workers Fairness Act (federal), employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Reasonable Accommodations for Pregnancy:

Common accommodations include:

More frequent breaks
Seating or ability to sit
Additional break time to use restroom, drink water, or eat
Lifting limitations
Light duty
Schedule changes
Telework
Parking accommodations
Leave for prenatal appointments

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Effective Date: June 27, 2023

4.7 How to Request Accommodation

For Employees:

Notify employer of need for accommodation:
- Request can be oral or written
- Use clear language about disability-related need
- No specific words required
- Can make request to supervisor, HR, or other appropriate person
Provide necessary information:
- Nature of disability (if not obvious)
- How disability affects job performance
- What accommodation is needed
- Medical documentation if requested and reasonable
Participate in interactive process:
- Discuss possible accommodations with employer
- Be flexible and open to alternatives
- Focus on accommodation effectiveness
- Provide requested information promptly
Follow up if accommodation not provided:
- Ask about status of request
- Reiterate need for accommodation
- Request written explanation if denied
- Contact EEOC or state Human Rights Commission if discrimination suspected

For Employers:

Respond promptly to accommodation requests
Engage in interactive process:
- Request information about disability and limitations
- Discuss possible accommodations
- Consider employee’s preference
- Explore effectiveness of options
Make decision:
- Provide effective accommodation if reasonable
- Document decision and rationale
- Explain undue hardship if applicable
- Offer alternative accommodations if available
Implement accommodation:
- Provide accommodation promptly
- Train supervisors and co-workers if necessary
- Maintain confidentiality of medical information
- Monitor effectiveness
Document process:
- Record accommodation request
- Document interactive process discussions
- Keep records of medical information separately
- Note accommodation provided and implementation

Employer Obligations in West Virginia

5.1 Required Workplace Postings

West Virginia and federal law require employers to post specific notices informing employees of their workplace rights.

5.1.1 Federal Posting Requirements

Required Federal Posters:

All covered employers must display the following federal posters:

1. Fair Labor Standards Act (FLSA) Poster

Required by: U.S. Department of Labor, Wage and Hour Division
Who must post: All employers covered by FLSA
Content: Minimum wage, overtime pay, child labor, recordkeeping requirements
Source: https://www.dol.gov/agencies/whd/posters
Download: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/minwagep.pdf

2. Employee Rights Under the Family and Medical Leave Act

Required by: U.S. Department of Labor, Wage and Hour Division
Who must post: Employers with 50+ employees
Content: FMLA rights, eligibility, leave entitlements
Source: https://www.dol.gov/agencies/whd/posters/fmla
Download: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf

3. Employee Rights Under the National Labor Relations Act

Required by: National Labor Relations Board
Who must post: Most private sector employers
Content: Rights to organize, bargain collectively, engage in concerted activity
Source: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights
Download: https://www.nlrb.gov/sites/default/files/attachments/basic-page/node-3788/employee_rights_poster.pdf

4. Equal Employment Opportunity is the Law

Required by: Equal Employment Opportunity Commission
Who must post: Employers with 15+ employees
Content: Protections under Title VII, ADA, ADEA, EPA, GINA
Source: https://www.eeoc.gov/poster
Download: https://www.eeoc.gov/sites/default/files/2023-06/22-088_EEOC_KnowYourRights_10_20.pdf

5. Job Safety and Health: It’s the Law

Required by: Occupational Safety and Health Administration
Who must post: All employers covered by OSHA
Content: Workplace safety rights, reporting hazards, OSHA inspections
Source: https://www.osha.gov/publications/osha3165
Download: https://www.osha.gov/sites/default/files/publications/osha3165.pdf

6. Employee Rights for Workers with Disabilities

Required by: U.S. Department of Labor, Office of Federal Contract Compliance Programs
Who must post: Federal contractors and subcontractors
Content: Section 503 rehabilitation requirements
Source: https://www.dol.gov/agencies/ofccp/posters

7. Employee Polygraph Protection Act

Required by: U.S. Department of Labor, Wage and Hour Division
Who must post: Most private employers
Content: Restrictions on lie detector tests
Source: https://www.dol.gov/agencies/whd/posters
Download: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/eppac.pdf

8. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Required by: U.S. Department of Labor, Veterans’ Employment and Training Service
Who must post: All employers
Content: Rights of employees serving in uniformed services
Source: https://www.dol.gov/agencies/vets/programs/userra/poster
Download: https://www.dol.gov/sites/dolgov/files/VETS/legacy/files/USERRA_Private.pdf

5.1.2 West Virginia State Posting Requirements

Required State Posters:

1. West Virginia Wage Payment and Collection Poster

Required by: West Virginia Division of Labor
Who must post: All employers subject to West Virginia wage laws
Content: Wage payment requirements, employee rights
Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/WPC%20Poster.pdf
Last updated: Check with Division of Labor

2. West Virginia Minimum Wage Poster

Required by: West Virginia Division of Labor
Who must post: Employers with 6+ employees
Content: Current minimum wage rate, overtime requirements
Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/default.aspx

3. West Virginia Workers’ Compensation Poster

Required by: West Virginia Workers’ Compensation Board
Who must post: All employers with workers’ compensation coverage
Content: Workers’ compensation insurer information, contact details
Requirements: Must include insurer name, address, phone, contact person
Source: West Virginia Workers’ Compensation laws

4. West Virginia Unemployment Compensation Poster

Required by: WorkForce West Virginia
Who must post: All employers subject to unemployment insurance
Content: Unemployment benefits information
Source: WorkForce West Virginia

5. West Virginia Human Rights Act Poster

Required by: West Virginia Human Rights Commission
Who must post: Employers covered by West Virginia Human Rights Act
Content: Protections against discrimination
Source: West Virginia Human Rights Commission
Available at: https://oig.wv.gov/human-rights-commission

5.1.3 Posting Requirements and Compliance

Location Requirements:

Posters must be displayed:

In conspicuous places
Where employees can readily see them
In areas frequently accessed by employees (break rooms, time clocks, near exits)
At each location where employees work

Language Requirements:

If workforce includes non-English speakers, posters should be provided in appropriate languages. Spanish versions are available for most federal posters.

Electronic Posting:

For remote workers, employers should:

Email required posters to remote employees
Post posters on company intranet
Include posters in employee handbooks
Ensure accessibility to all required notices

Penalties for Non-Compliance:

Failure to post required notices can result in:

Fines and penalties from enforcement agencies
Extended statute of limitations for employee claims
Inability to assert certain defenses in litigation
Citations during workplace inspections

Where to Obtain Posters:

Federal Posters:

U.S. Department of Labor: https://www.dol.gov/general/topics/posters
Each federal agency’s website

State Posters:

West Virginia Division of Labor: https://labor.wv.gov/
Contact: West Virginia Division of Labor for current poster requirements

All-in-One Posters:

Some vendors offer combined federal and state poster products. When using such products, verification includes:

All required posters are included
Posters are current and up-to-date
Posters comply with size and format requirements

5.2 New Hire Reporting

West Virginia requires employers to report newly hired and rehired employees.

Legal Requirement:

Employers must report new hires to the West Virginia New Hire Reporting Center within 14 days of hiring.

Source: West Virginia Department of Health and Human Resources
Reference: Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Contact information: Available through DHHR website

Who Must Report:

All West Virginia employers, including:

Private sector employers
Government agencies
Non-profit organizations
Temporary agencies (report temporary employees)
Out-of-state employers with employees working in West Virginia

Who Must Be Reported:

Newly hired employees
Rehired employees (including seasonal workers returning)
Independent contractors (if required by state law)

Required Information:

Employers must provide:

About the Employee:

Employee name
Address
Social Security number
Date of hire

About the Employer:

Employer name
Address
Federal Employer Identification Number (FEIN)

Reporting Methods:

Employers may report by:

Online submission
Fax
Mail
Magnetic media (for large employers)

Reporting Deadline:

Within 14 days of employee’s first day of work for pay.

Penalties for Non-Compliance:

Failure to report can result in fines and penalties.

Purpose of New Hire Reporting:

Child support enforcement
Detection of fraudulent unemployment and workers’ compensation claims
Verification of eligibility for public assistance programs

Contact Information:

West Virginia New Hire Reporting Center
Managed by: West Virginia Department of Health and Human Resources
Information: Available through state DHHR website or by contacting the Division of Labor

5.3 Recordkeeping Requirements

Employers must maintain specific employment records as required by federal and state law.

5.3.1 Federal Recordkeeping Requirements

Fair Labor Standards Act (FLSA) Records:

According to U.S. Department of Labor:

Employers must maintain records for each non-exempt employee showing:

Required Records:

Full name and Social Security number
Address, including zip code
Birth date (if younger than 19)
Sex and occupation
Time and day of week when employee’s workweek begins
Hours worked each day
Total hours worked each workweek
Basis on which employee’s wages are paid
Regular hourly pay rate
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from wages
Total wages paid each pay period
Date of payment and pay period covered

Retention Period: 3 years

Source: Fair Labor Standards Act, 29 C.F.R. § 516
Official regulations: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping

Family and Medical Leave Act (FMLA) Records:

Employers must maintain:

Basic payroll records
Dates FMLA leave is taken
Hours of FMLA leave (if leave taken in increments less than full day)
Copies of employee notices of leave
Records of premium payments for health benefits
Records of disputes regarding FMLA designation

Retention Period: 3 years

Source: FMLA regulations, 29 C.F.R. § 825.500
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Title VII, ADA, ADEA Records:

Employers must maintain:

Personnel records for each employee
Employment applications (for 1 year from date of creation)
Records relating to hiring, promotion, demotion, transfer, layoff, termination, pay rates
Job advertisements
Test results and examination papers
Physical examination results

Retention Period: 1 year from date of record creation or personnel action

Source: EEOC regulations
Information: https://www.eeoc.gov/employers/recordkeeping-requirements

Form I-9 Employment Eligibility Verification:

Employers must:

Complete Form I-9 for all employees
Retain Form I-9 for 3 years after date of hire OR 1 year after termination, whichever is later
Make forms available for inspection by authorized government officials

Source: Immigration and Nationality Act
Information: https://www.uscis.gov/i-9-central

5.3.2 West Virginia Recordkeeping Requirements

Minimum Wage and Hours Records:

According to West Virginia Code § 21-5C-5:

The commissioner of labor has authority to establish recordkeeping requirements for employers subject to state minimum wage law.

Source: W. Va. Code § 21-5C-5
Available at: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/default.aspx

5.4 Form I-9 Employment Eligibility Verification

All U.S. employers must verify employment eligibility of all employees hired after November 6, 1986.

Legal Requirement:

According to Immigration and Nationality Act:

Employers must complete Form I-9, Employment Eligibility Verification, for each employee hired in the United States.

Source: 8 U.S.C. § 1324a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a&num=0&edition=prelim
USCIS information: https://www.uscis.gov/i-9-central

Who Must Complete Form I-9:

All U.S. employers
For all employees (citizens and non-citizens)
Regardless of company size
For full-time, part-time, temporary, and seasonal employees

When to Complete:

Employee completes Section 1 on first day of work for pay
Employer completes Section 2 within 3 business days of employee’s first day
No early completion before job offer accepted

Acceptable Documents:

Employees must present:

List A Documents (establish both identity and work authorization):

U.S. Passport
Passport Card
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)
Foreign passport with temporary I-551 stamp

List B Documents (establish identity) + List C Documents (establish work authorization):

List B (Identity):

Driver’s license or ID card issued by state
School ID with photograph
Voter registration card
U.S. Military card
Native American tribal document
Canadian driver’s license (in some circumstances)

List C (Work Authorization):

Social Security card (unrestricted)
Birth certificate
Native American tribal document
U.S. Citizen ID Card
Consular Report of Birth Abroad

Employer Responsibilities:

Physically examine original documents
Determine if documents reasonably appear genuine and relate to employee
Record document information on Form I-9
Retain completed Form I-9
Make forms available for inspection
Re-verify work authorization when required

Prohibited Practices:

Employers may not:

Request specific documents (employee chooses which acceptable documents to present)
Reject reasonably genuine documents
Treat employees differently based on citizenship status or national origin
Discriminate in hiring based on documentation
Complete Form I-9 before job offer accepted

Retention Requirements:

Retain Form I-9 for:

3 years after date of hire, OR
1 year after employment ends

Whichever is later.

Remote Verification:

Special procedures apply for remote employees. Check USCIS guidance for current requirements.

Source: USCIS I-9 Central
Available at: https://www.uscis.gov/i-9-central

5.4.1 West Virginia Employment Verification Requirements

State Requirement:

West Virginia requires employers to verify legal employment status of workers.

According to West Virginia Division of Labor:

“Every employer having employees working within the boundaries of the state of West Virginia is required to verify the legal employment status or authorization to work for each of their individual employees at the time of hire.”

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/wage-hour/verifying-legal-employment-status-workers/verifying-legal-employment-status-workers-faq
Reference: W. Va. Code § 21-1B-3
Last accessed: January 21, 2026

Acceptable Documentation (West Virginia):

According to West Virginia law, employers meet verification requirements by obtaining:

Valid social security card
Valid immigration or nonimmigration visa including photo identification
Valid birth certificate
Valid passport
Valid photo ID card issued by government agency
Valid work permit or supervision permit authorized by WV Division of Labor
Valid permit issued by Department of Justice

Source: W. Va. Code § 21-1B-3(c)
Available at: https://labor.wv.gov/wage-hour/verifying-legal-employment-status-workers/verifying-legal-employment-status-workers-faq

Recordkeeping:

According to West Virginia Division of Labor FAQ:

“Records obtained by an employer for the purpose of verifying an individual’s eligibility to work are to be maintained at the employer’s place of business, even when that place of business is on a construction site. However, state law allows employers the option of maintaining such records at their central recordkeeping location.”

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/wage-hour/verifying-legal-employment-status-workers/verifying-legal-employment-status-workers-faq

Inspections:

West Virginia Division of Labor may inspect employment verification records. Employers must make records available or face violations.

5.5 Wage Payment Requirements

Covered in Section 2.1.4, employers must comply with:

Frequency of payment (at least twice monthly)
Method of payment requirements
Final paycheck timing
Deduction requirements

Reference: See Section 2.1.4 above for complete information.

Filing Complaints

6.1 When to File a Complaint

Employees should consider filing a complaint when they experience:

Unpaid wages or improper wage payments
Discrimination or harassment based on protected characteristics
Denial of reasonable accommodation
Retaliation for protected activity
Workplace safety violations
Interference with FMLA rights
Other violations of employment law

Important Deadlines:

Employment law complaints have strict filing deadlines. Missing a deadline may permanently bar a claim.

Statute of Limitations Overview:

Wage claims (state): Check with WV Division of Labor for current limitations
Discrimination (state): 365 days from most recent discrimination (West Virginia Human Rights Commission)
Discrimination (federal – EEOC): 180 days (300 days in deferral states like West Virginia)
FLSA violations: 2 years (3 years for willful violations)
FMLA violations: 2 years (3 years for willful violations)

Act Promptly: Always file as soon as possible after the violation occurs.

6.2 West Virginia Division of Labor (Wage Claims)

The West Virginia Division of Labor, Wage and Hour Section, handles unpaid wage complaints.

What the Division Can Help With:

According to West Virginia Division of Labor, Division Authority and Referral Information:

The Division accepts complaints for employees who:

Were not paid wages earned for work performed
Were not paid at the agreed upon rate
Were not paid on time
Were not paid for traveling from one place to another within the course of a regular workday
Were denied payment of a fringe benefit that was earned according to the terms and conditions of written company policy

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Pages/Division-Authority-and-Referral-Information.aspx
Last accessed: January 21, 2026

What the Division Cannot Help With:

According to the same source, the Division does not have authority over:

Overtime wages under federal Fair Labor Standards Act (handled by U.S. DOL)
Bonuses that are gifts not based on production or incentive measures
Terminations assumed to be illegal (without unpaid wages)
Being terminated or fired without involving unpaid wages
Workplace harassment, discrimination, or hostile work environments
Claims for liquidated damages only
When wages are owed but employer filed for bankruptcy protection
Work not performed within West Virginia
Wages for hours employee was not permitted to work after giving final notice
When employee was not rehired or called back after layoff
Employee seniority rights

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Pages/Division-Authority-and-Referral-Information.aspx

How to File a Wage Claim:

Step 1: Gather Information

Collect documentation including:

Pay stubs
Time records
Employment contract or offer letter
Company policies (employee handbook)
Written communications about wages
Bank statements showing deposits

Step 2: Contact the Division

West Virginia Division of Labor
Wage and Hour Section
Website: https://labor.wv.gov/Wage-Hour/Pages/default.aspx
Main Phone: Contact through Division of Labor main number
Location: Building 3, Room 200, 1900 Kanawha Boulevard East, Charleston, WV 25305

Step 3: File Complaint

Complete wage claim form
Provide all relevant documentation
Include employer information (name, address, contact)
Describe wages owed and circumstances
Sign and date complaint

Step 4: Investigation

Division of Labor reviews complaint
May request additional information
May contact employer
Attempts resolution

Step 5: Resolution

Possible outcomes:

Employer pays wages voluntarily
Division pursues enforcement action
Employee may need to pursue private lawsuit
Case closed if no violation found

Filing Deadline:

Verify current statute of limitations with West Virginia Division of Labor.

6.3 West Virginia Human Rights Commission (Discrimination Claims)

The West Virginia Human Rights Commission investigates discrimination complaints.

Jurisdiction:

According to West Virginia Human Rights Commission:

“The West Virginia Human Rights Act prohibits discrimination in employment and in places of public accommodations based on race, religion, color, national origin, ancestry, sex, age (40 or above), blindness, or disability. In addition, discrimination in housing because of race, religion, color, national origin, ancestry, sex, blindness, disability, or familial status is forbidden.”

Source: West Virginia Human Rights Commission
Available at: https://oig.wv.gov/human-rights-commission
Last accessed: January 21, 2026

Filing Deadline:

According to West Virginia Human Rights Commission:

“The complaint must be filed within 365 days of the date of the most recent date of discrimination.”

Source: West Virginia Human Rights Commission, 5 Steps to the Complaint Process
Available at: https://hrc.wv.gov/Pages/ComplaintProcess.aspx
Last accessed: January 21, 2026

How to File:

According to the Commission:

“A person may call, write or visit the office of the West Virginia Human Rights Commission to report an incident of discrimination.”

Contact Information:

West Virginia Human Rights Commission
Office of Inspector General
Address: Contact through Office of Inspector General
Phone: 304-558-2616 (from historical documents – verify current number)
Website: https://oig.wv.gov/human-rights-commission
Filing: https://hrc.wv.gov/Pages/ComplaintProcess.aspx

Complaint Process (5 Steps):

Step 1: Filing

File complaint within 365 days of discrimination. Include:

Your name and contact information
Employer name and address
Description of discriminatory act
Date(s) of discrimination
Basis for discrimination (protected class)
Names of witnesses if any

Step 2: Investigation

According to West Virginia Human Rights Commission:

“After all the facts have been examined, an investigator makes a recommendation as to a finding. The finding will either be that there is not enough evidence to support the allegation(s) of discrimination (no probable cause) or that there is reason to believe that discrimination did occur (probable cause).”

Source: West Virginia Human Rights Commission
Available at: https://hrc.wv.gov/Pages/ComplaintProcess.aspx

Step 3: Conciliation

If probable cause is found:

“Following a probable cause determination, conciliation is attempted. In this stage, the Commission or the complainant may agree to a settlement with the parties against whom the complaint is filed (the respondent). If a settlement cannot be reached, a public hearing will be held.”

Source: West Virginia Human Rights Commission
Available at: https://hrc.wv.gov/Pages/ComplaintProcess.aspx

Step 4: Public Hearing

If conciliation fails:

“An Administrative law judge will conduct a public hearing, which is similar to a trial.”

Step 5: Decision and Appeals

“After the judge hears all the evidence, the judge on behalf of the West Virginia Human Rights Commission issues a decision. The judge’s decision may be appealed to the West Virginia Human Rights Commission. The nine commissioners who are appointed by the governor review the appeal. The party aggrieved by the commissioners’ decision may then seek judicial review on the courts.”

Source: West Virginia Human Rights Commission
Available at: https://hrc.wv.gov/Pages/ComplaintProcess.aspx

6.4 Equal Employment Opportunity Commission (Federal Discrimination Claims)

The EEOC enforces federal anti-discrimination laws.

EEOC Jurisdiction:

Title VII (race, color, religion, sex, national origin)
Age Discrimination in Employment Act (age 40+)
Americans with Disabilities Act (disability)
Equal Pay Act (sex-based wage discrimination)
Genetic Information Nondiscrimination Act (genetic information)

Filing Deadline:

According to EEOC:

In states with their own anti-discrimination agencies (like West Virginia), employees have 300 days from the discriminatory act to file with EEOC.

In states without such agencies, deadline is 180 days.

Source: U.S. Equal Employment Opportunity Commission
Information: https://www.eeoc.gov/filing-charge-discrimination
Last accessed: January 21, 2026

How to File:

Step 1: Contact EEOC

EEOC Office Serving West Virginia:

The Philadelphia District Office handles West Virginia charges.

EEOC Philadelphia District Office
Address: 801 Market Street, Suite 1300, Philadelphia, PA 19107
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/philadelphia/location
Public Portal: https://publicportal.eeoc.gov/Portal/Login.aspx

Step 2: Submit Inquiry

Call EEOC or use online portal
Provide basic information about discrimination
EEOC assesses whether to proceed with charge

Step 3: File Formal Charge

If proceeding, file charge including:

Your name, address, phone number
Employer name, address, phone number, number of employees
Description of discriminatory acts
Date(s) of discrimination
Basis of discrimination (protected class)

Step 4: EEOC Investigation

EEOC notifies employer
Investigates facts
May request documents, interviews
Attempts conciliation if violation found

Step 5: Outcomes

Possible results:

Cause Finding:

EEOC finds discrimination occurred
Attempts conciliation/settlement
May file lawsuit on employee’s behalf
Or issues Right to Sue letter

No Cause Finding:

EEOC finds insufficient evidence
Issues Right to Sue letter
Employee may file private lawsuit

Right to Sue Letter:

Employee must receive this before filing private lawsuit
Valid for 90 days
Allows employee to pursue case in court

Dual Filing:

EEOC and West Virginia Human Rights Commission have work-sharing agreement. Filing with one agency may satisfy both, but verify with both agencies.

6.5 U.S. Department of Labor, Wage and Hour Division (Federal Wage Claims)

The federal Wage and Hour Division enforces FLSA and other federal labor laws.

Jurisdiction:

Fair Labor Standards Act (federal minimum wage, overtime)
Family and Medical Leave Act
Employee Polygraph Protection Act
Federal contractor wage laws

What WHD Cannot Handle:

According to West Virginia Division of Labor:

“The authority for overtime wages in the state of West Virginia is the United States Department of Labor under the provisions of the Fair Labor Standards Act.”

Source: West Virginia Division of Labor
Available at: https://labor.wv.gov/Wage-Hour/Wage_Collection/Employees/Documents/WAGE%20CLAIM%20AUTHORITY%20AND%20REF%20INFO%202016.pdf

How to File:

U.S. Department of Labor
Wage and Hour Division
Charleston, West Virginia Office
Address: 300 Virginia Street East, Suite 3000, Charleston, WV 25301
Phone: 304-347-5206
Toll-Free: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd
Online Complaint: https://www.dol.gov/agencies/whd/contact/complaints

Filing Process:

Contact WHD by phone or online
Provide information about wage violation
WHD investigates employer
WHD may recover back wages
Employee may need to file private lawsuit if WHD declines case

No Filing Fee: WHD services are free.

6.6 Occupational Safety and Health Administration (Safety Complaints)

OSHA enforces workplace safety laws.

Jurisdiction:

Workplace safety and health violations
Retaliation for reporting safety concerns
Whistleblower protections under various statutes

How to File Safety Complaint:

OSHA Charleston Area Office
Address: 300 Virginia Street East, Suite 2308, Charleston, WV 25301
Phone: 304-347-5937
Website: https://www.osha.gov/contactus
Online Complaint: https://www.osha.gov/workers/file-complaint

Filing Process:

File online, by phone, mail, or fax
Provide workplace information
Describe hazard
OSHA investigates
May conduct workplace inspection
Issues citations if violations found

Confidentiality: OSHA can keep complainant identity confidential upon request.

Retaliation: Illegal for employers to retaliate against employees who report safety concerns.

6.7 Private Lawsuit

Employees may file private lawsuits in court for employment law violations.

When Private Lawsuit May Be Appropriate:

After receiving Right to Sue letter from EEOC
For contract disputes
For common law claims (wrongful discharge, intentional infliction of emotional distress)
When administrative remedies exhausted or unavailable
For significant damages
When injunctive relief needed

Considerations:

Need attorney (employment law is complex)
Costs involved (attorney fees, court costs)
Time commitment
Risk of loss
Potential for damages recovery
Statute of limitations applies

Finding an Attorney:

Individuals seeking legal representation may search for licensed West Virginia attorneys through various means. For questions about attorney licensing and complaints, contact:

West Virginia State Bar (government-chartered licensing authority)
Phone: 304-558-7991 or 1-866-989-8227

6.8 Quick Reference: Where to File

Unpaid Wages (State Law): → West Virginia Division of Labor, Wage and Hour Section
→ https://labor.wv.gov/Wage-Hour/Pages/default.aspx

Unpaid Overtime (Federal FLSA): → U.S. Department of Labor, Wage and Hour Division
→ Phone: 1-866-487-9243
→ https://www.dol.gov/agencies/whd

Discrimination/Harassment (State Law): → West Virginia Human Rights Commission
→ Phone: 304-558-2616
→ https://oig.wv.gov/human-rights-commission
→ Deadline: 365 days

Discrimination/Harassment (Federal Law): → Equal Employment Opportunity Commission
→ Phone: 1-800-669-4000
→ https://www.eeoc.gov/
→ Deadline: 300 days in West Virginia

FMLA Violations: → U.S. Department of Labor, Wage and Hour Division
→ Phone: 1-866-487-9243
→ https://www.dol.gov/agencies/whd/fmla

Workplace Safety: → Occupational Safety and Health Administration
→ Phone: 1-800-321-6742
→ https://www.osha.gov/

Workers’ Compensation: → West Virginia Workers’ Compensation Board
→ Contact information available at state website

Unemployment Benefits: → WorkForce West Virginia
→ https://workforcewv.org/

Remote Work in West Virginia

7.1 Remote Work and West Virginia Law

Remote work arrangements are increasingly common. West Virginia employment laws generally apply to remote workers located in West Virginia, regardless of employer location.

Key Considerations:

Wage and Hour:

Remote workers must receive at least West Virginia minimum wage ($8.75) if working in West Virginia
Overtime rules apply (generally federal FLSA overtime after 40 hours/week)
Employers must track hours worked accurately
Meal break requirements apply when remote employee cannot eat while working

Workers’ Compensation:

Remote workers may be covered under West Virginia workers’ compensation if injury occurs during work
Employers should clarify coverage for home office injuries
Verify insurance coverage for remote workers

Discrimination and Accommodation:

Anti-discrimination laws protect remote workers
Reasonable accommodation requirements apply
Remote work itself may be a reasonable accommodation
Interactive process applies to remote accommodation requests

Employer Obligations:

Remote workers must receive required notices (post electronically or mail)
Form I-9 verification must occur (special remote procedures available)
Recordkeeping requirements apply
New hire reporting required

Multi-State Issues:

When employer is in different state:

West Virginia law applies to work performed in West Virginia
Employer’s state law may also apply
Nexus issues for tax and jurisdiction
May need to register to do business in West Virginia
Consider which state’s workers’ compensation applies

7.2 Right to Request Remote Work

No State Law Requirement:

West Virginia does not have a law giving employees the right to request remote work arrangements.

Reasonable Accommodation:

Remote work may be a reasonable accommodation for:

Disability under ADA
Pregnancy under Pregnant Workers Fairness Act
Religious observance in limited circumstances

Employers must engage in interactive process when remote work requested as accommodation.

7.3 Return-to-Office Mandates

Employer Rights:

Employers generally may:

Require employees to work on-site
End remote work arrangements
Mandate return to office

Exceptions:

Employers must continue remote work if:

Required as reasonable accommodation for disability
Required as accommodation for pregnancy-related limitation
Provided in employment contract
Required under collective bargaining agreement

Employer Considerations When Ending Remote Work:

When ending remote work, employers may consider:

Provide adequate notice
Consider accommodation requests
Apply policies consistently
Document business reasons
Be prepared to engage in interactive process for accommodation requests

2026 Updates and Recent Changes

8.1 Recent Changes in West Virginia Employment Law

As of January 2026:

Minimum Wage:

West Virginia minimum wage remains $8.75 per hour. No increases enacted for 2026.

Source: West Virginia Code § 21-5C-2
Available at: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/default.aspx
Last verified: January 21, 2026

Status: No pending legislation found to increase state minimum wage in 2026.

Right-to-Work Law:

West Virginia Workplace Freedom Act (right-to-work law) remains in effect. The law was upheld by the West Virginia Supreme Court in April 2020.

Source: W. Va. Code § 21-5G
Court decision: West Virginia Supreme Court, April 2020
Available at: https://code.wvlegislature.gov/21-5G/

Federal Updates Affecting West Virginia:

Pregnant Workers Fairness Act:

Effective June 27, 2023, requires reasonable accommodations for pregnancy-related limitations.

Source: 42 U.S.C. § 2000gg
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

FLSA Salary Threshold:

Check U.S. Department of Labor for current overtime exemption salary threshold. Recent changes may affect exempt status determinations.

Source: U.S. Department of Labor
Information: https://www.dol.gov/agencies/whd/overtime

8.2 Monitoring Changes

Legislative Session:

West Virginia Legislature meets annually. Monitor for employment law changes:

West Virginia Legislature
Website: https://www.wvlegislature.gov/
Bill Tracking: https://www.wvlegislature.gov/Bill_Status/bills_history.cfm

Agency Updates:

Monitor guidance from:

West Virginia Division of Labor: https://labor.wv.gov/
West Virginia Human Rights Commission: https://oig.wv.gov/human-rights-commission
U.S. Department of Labor: https://www.dol.gov/
EEOC: https://www.eeoc.gov/

Professional Resources:

Subscribe to employment law newsletters
Consult with employment attorney
Join employer associations
Attend employment law seminars

8.3 Quarterly Review Schedule

This guide is reviewed and updated quarterly:

Q1 Review: January-March legislative session
Q2 Review: April-June regulatory updates
Q3 Review: July-September case law developments
Q4 Review: October-December year-end changes

Resources

10.1 West Virginia State Government Agencies

West Virginia Division of Labor
Enforces state wage and hour laws, minimum wage, child labor, meal break requirements, and legal employment verification.
Website: https://labor.wv.gov/
Wage and Hour Section: https://labor.wv.gov/Wage-Hour/Pages/default.aspx
Main Address: Building 3, Room 200, 1900 Kanawha Boulevard East, Charleston, WV 25305
Services: Wage claim investigations, minimum wage enforcement, child labor permits, employment verification compliance

West Virginia Human Rights Commission
Investigates discrimination complaints under West Virginia Human Rights Act.
Oversight: Office of Inspector General
Website: https://oig.wv.gov/human-rights-commission
Complaint Process: https://hrc.wv.gov/Pages/ComplaintProcess.aspx
Phone: 304-558-2616
Services: Employment discrimination investigations, housing discrimination complaints, public accommodation complaints, conciliation and hearing services

WorkForce West Virginia
Manages unemployment insurance and workforce development programs.
Website: https://workforcewv.org/
Services: Unemployment benefits, job search assistance, employer services, labor market information

West Virginia Workers’ Compensation Board
Administers workers’ compensation system.
Services: Workers’ compensation claims, employer insurance requirements, workplace safety programs

West Virginia Division of Personnel
Manages state employee employment matters.
Website: https://personnel.wv.gov/
Services: State employee policies, leave administration, FLSA guidance for public sector

West Virginia Legislature
Enacts employment laws and regulations.
Website: https://www.wvlegislature.gov/
West Virginia Code: https://code.wvlegislature.gov/
Services: Bill tracking, legislative information, statute access

10.2 Federal Agencies

U.S. Department of Labor
Enforces federal wage and hour laws, FMLA, and other worker protections.
Website: https://www.dol.gov/
Phone: 1-866-487-9243
Charleston Office: 300 Virginia Street East, Suite 3000, Charleston, WV 25301 | Phone: 304-347-5206

Wage and Hour Division
Enforces Fair Labor Standards Act, Family and Medical Leave Act, prevailing wage laws.
Website: https://www.dol.gov/agencies/whd
File Complaint: https://www.dol.gov/agencies/whd/contact/complaints
Services: Wage claim investigations, FLSA enforcement, FMLA compliance, child labor enforcement

Equal Employment Opportunity Commission
Enforces federal anti-discrimination laws.
Website: https://www.eeoc.gov/
Phone: 1-800-669-4000 | TTY: 1-800-669-6820
Philadelphia District Office (serves WV): 801 Market Street, Suite 1300, Philadelphia, PA 19107
Online Portal: https://publicportal.eeoc.gov/Portal/Login.aspx
Services: Discrimination charge filing, investigations, mediation, litigation

Occupational Safety and Health Administration
Enforces workplace safety laws.
Website: https://www.osha.gov/
Phone: 1-800-321-6742
Charleston Area Office: 300 Virginia Street East, Suite 2308, Charleston, WV 25301 | Phone: 304-347-5937
File Complaint: https://www.osha.gov/workers/file-complaint
Services: Safety inspections, whistleblower investigations, safety training resources

National Labor Relations Board
Oversees union elections and unfair labor practices.
Website: https://www.nlrb.gov/
Phone: 1-844-762-6572
Services: Union representation elections, unfair labor practice charges, labor law education

U.S. Citizenship and Immigration Services
Administers Form I-9 employment verification.
Website: https://www.uscis.gov/
I-9 Central: https://www.uscis.gov/i-9-central
Employer Hotline: 1-888-464-4218
Services: Form I-9 guidance, E-Verify program, employment eligibility verification

10.3 Key Publications and Guidance Documents

West Virginia Division of Labor Publications:

Wage Payment and Collection Poster: https://labor.wv.gov/Wage-Hour/Wage_Collection/Documents/WPC%20Poster.pdf
Minimum Wage Law: https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/default.aspx
Child Labor FAQ: https://labor.wv.gov/Wage-Hour/Child_Labor/Pages/Child-Labor-FAQs.aspx
Legal Employment Verification FAQ: https://labor.wv.gov/wage-hour/verifying-legal-employment-status-workers/verifying-legal-employment-status-workers-faq

U.S. Department of Labor Fact Sheets:

Fact Sheet #21: Recordkeeping Requirements: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping
Fact Sheet #17A: Exemption for Executive Employees: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Fact Sheet #28: FMLA Overview: https://www.dol.gov/agencies/whd/fact-sheets/28-fmla

EEOC Guidance:

Disability Discrimination: https://www.eeoc.gov/disability-discrimination
Pregnancy Discrimination: https://www.eeoc.gov/pregnancy-discrimination
Religious Discrimination: https://www.eeoc.gov/religious-discrimination
What You Should Know: Pregnant Workers Fairness Act: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

OSHA Resources:

Workers’ Rights: https://www.osha.gov/workers
Workplace Posters: https://www.osha.gov/publications/osha3165

10.4 Attorney Licensing Information

West Virginia State Bar (government-chartered attorney licensing authority)
Regulates attorney licensing and professional conduct.
Phone: 304-558-7991 or 1-866-989-8227
Note: The State Bar is a government-chartered entity responsible for attorney regulation in West Virginia.

For questions about attorney qualifications, licensing, or complaints, contact the West Virginia State Bar.

10.5 Staying Updated

Monitor These Sources Regularly:

For Legislative Changes:

West Virginia Legislature website for current session bills
West Virginia Division of Labor for regulatory updates
Subscribe to agency email updates when available

For Federal Changes:

U.S. Department of Labor website
EEOC website for guidance updates
Federal Register for proposed regulations

For Case Law:

West Virginia Supreme Court opinions
Federal court decisions affecting employment law
Legal publications and newsletters

Professional Development:

Attend employment law seminars
Join professional associations
Consult with employment attorney annually
Review and update policies regularly

Frequently Asked Questions - West Virginia Employment Law

1. What is employment law in West Virginia?

Employment law in West Virginia is the body of state and federal statutes, regulations, and case law that governs the relationship between employers and employees. It includes laws covering wages, hours, discrimination, workplace safety, and other employment conditions. West Virginia employment law combines state-specific protections under the West Virginia Code with federal requirements including the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act.

2. What is the difference between employment law and labor law in West Virginia?

Employment law is the broader legal framework governing individual employment relationships, including wages, discrimination, safety, and leave. Labor law is a subset focused specifically on collective bargaining, union organization, and labor-management relations. Employment law applies to all workers, while labor law primarily applies to unionized workplaces. West Virginia enforces both through different agencies: the Division of Labor handles wage and hour issues, while the National Labor Relations Board handles union-related matters.

3. Is West Virginia an at-will employment state?

Yes, West Virginia follows the at-will employment doctrine. According to the West Virginia Division of Labor, employers have the right to hire and fire employees “at will” without explaining their actions, unless the employer violates employee discrimination laws or the terms and conditions of an employment contract or collective bargaining agreement. However, several exceptions exist, including discrimination laws, employment contracts, collective bargaining agreements, and public policy protections.

4. What is the minimum wage in West Virginia in 2026?

The West Virginia minimum wage is $8.75 per hour. This rate was established on December 31, 2015, and remains in effect in 2026. This rate is higher than the federal minimum wage of $7.25 per hour, so West Virginia employers covered by state law must pay at least $8.75 per hour. The law applies to employers with six or more employees in one separate, distinct, and permanent location.

5. Does West Virginia require overtime pay?

Overtime in West Virginia is primarily governed by federal law under the Fair Labor Standards Act. According to the West Virginia Division of Labor, “the authority for overtime wages in the state of West Virginia is the United States Department of Labor under the provisions of the Fair Labor Standards Act.” Non-exempt employees must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek. West Virginia does not have daily overtime requirements like some states.

6. Are meal and rest breaks required in West Virginia?

West Virginia law requires a 20-minute meal break after six hours of continuous work when the employee is not permitted to eat while working. Federal law does not require meal or rest breaks for adult employees. Short breaks of 5-20 minutes, when provided by employers, are generally considered compensable work time under federal law and must be paid.

7. What are my employee rights in West Virginia?

West Virginia employees have numerous rights under state and federal law, including the right to receive at least minimum wage ($8.75 in West Virginia), overtime pay for hours over 40 per week (if non-exempt), payment of wages at least twice monthly, freedom from discrimination based on protected characteristics (race, religion, color, national origin, ancestry, sex, age 40+, blindness, disability), reasonable accommodations for disabilities and pregnancy, and a safe workplace. Employees also have the right to file complaints without retaliation.

8. Can my employer fire me for any reason in West Virginia?

Generally yes, due to at-will employment, but with important exceptions. Employers cannot fire employees for discriminatory reasons (based on race, religion, sex, age 40+, disability, etc.), in retaliation for filing complaints or exercising legal rights, in violation of an employment contract or collective bargaining agreement, or in violation of public policy (such as refusing to commit illegal acts or performing jury duty). If termination involves unpaid wages or discrimination, employees may file complaints with appropriate agencies.

9. How do I file a discrimination complaint in West Virginia?

For state law violations, file with the West Virginia Human Rights Commission within 365 days of discrimination. Contact the Commission at 304-558-2616 or through their website. For federal law violations, file with the Equal Employment Opportunity Commission within 300 days (for West Virginia residents). Contact EEOC at 1-800-669-4000. You can file with both agencies, and they have a work-sharing agreement. Include details about the discriminatory act, dates, employer information, and basis for discrimination.

10. Can I request remote work as a reasonable accommodation in West Virginia?

Yes, remote work may be a reasonable accommodation under the Americans with Disabilities Act for disability-related limitations or under the Pregnant Workers Fairness Act for pregnancy-related limitations. When you request remote work as an accommodation, your employer must engage in the interactive process to determine if it’s effective and doesn’t cause undue hardship. West Virginia does not have a general right-to-request remote work law for employees without disability or pregnancy-related needs.

11. What are employer obligations in West Virginia?

West Virginia employers must pay at least minimum wage ($8.75 per hour) and required overtime, pay wages at least twice monthly with no more than 19 days between paydays, pay final wages by next regular payday after separation, verify legal employment status of all workers, complete Form I-9 for all employees, report new hires within 14 days, post required federal and state workplace notices, maintain required employment records, provide reasonable accommodations for disabilities and pregnancy, investigate discrimination and harassment complaints, and comply with workplace safety requirements.

12. What workplace posters are required in West Virginia?

Required federal posters include Fair Labor Standards Act, Family and Medical Leave Act (if 50+ employees), Employee Rights Under the National Labor Relations Act, Equal Employment Opportunity is the Law, Job Safety and Health, Employee Polygraph Protection Act, and USERRA. Required West Virginia posters include Wage Payment and Collection, Minimum Wage, Workers’ Compensation insurer information, Unemployment Compensation, and Human Rights Act notice. All posters must be displayed in conspicuous locations where employees can readily see them.

13. How long must employers keep employment records in West Virginia?

Federal law requires employers to maintain payroll records for three years under the Fair Labor Standards Act, FMLA records for three years, Form I-9 for three years after hire or one year after termination (whichever is later), and employment discrimination records for one year. West Virginia may have additional requirements. Records should include time cards, pay stubs, personnel files, employment applications, and documentation of accommodations and complaints. Maintain records securely and protect confidentiality of medical information.

14. Does West Virginia require paid sick leave?

No, West Virginia does not require private sector employers to provide paid sick leave. There is no federal requirement for paid sick leave either. However, the federal Family and Medical Leave Act provides unpaid, job-protected leave for eligible employees (those working for employers with 50+ employees within 75 miles who have worked 12 months and 1,250 hours). West Virginia state government employees accrue sick leave at 1.5 days per month, but this applies only to public sector workers.

15. What protections exist for remote workers in West Virginia?

Remote workers in West Virginia are protected by the same employment laws as on-site workers. This includes minimum wage ($8.75), overtime pay, anti-discrimination protections, reasonable accommodation rights, wage payment requirements, and protection from retaliation. Employers must provide required notices electronically or by mail to remote workers, complete Form I-9 verification, maintain accurate time records, and provide accommodations when needed. West Virginia law applies to work performed in West Virginia regardless of employer location.

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

West Virginia Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in West Virginia

1.1 At-Will Employment Doctrine

1.2 Labor Law vs. Employment Law

1.3 Right-to-Work Status

Employee Rights in West Virginia

2.1 Wage and Hour Rights

2.1.1 Minimum Wage

2.1.2 Overtime Requirements

2.1.3 Meal and Rest Breaks

2.1.4 Wage Payment Requirements

2.2 Paid Leave Requirements

2.2.1 Paid Sick Leave

2.2.2 Paid Vacation and PTO

2.2.3 Other Leave Types

Discrimination Laws in West Virginia

3.1 Overview of Protections

3.2 Protected Classes

3.2.1 State Protected Classes (West Virginia)

3.2.2 Federal Protected Classes

3.3 Types of Unlawful Discrimination

3.3.1 Disparate Treatment

3.3.2 Disparate Impact

3.3.3 Harassment

3.3.4 Retaliation

3.4 Sexual Harassment

3.4.1 Sexual Harassment Training

3.5 Pregnancy Discrimination

3.6 Age Discrimination

3.7 Disability Discrimination

3.8 Genetic Information Discrimination

3.9 Religious Discrimination and Accommodation

Reasonable Accommodations

4.1 Disability Accommodation Requirements

4.2 The Interactive Process

4.3 Common Workplace Accommodations

4.4 Undue Hardship Exception

4.5 Religious Accommodations

4.6 Pregnancy Accommodations

4.7 How to Request Accommodation

Employer Obligations in West Virginia

5.1 Required Workplace Postings

5.1.1 Federal Posting Requirements

5.1.2 West Virginia State Posting Requirements

5.1.3 Posting Requirements and Compliance

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

5.3.1 Federal Recordkeeping Requirements

5.3.2 West Virginia Recordkeeping Requirements

5.4 Form I-9 Employment Eligibility Verification

5.4.1 West Virginia Employment Verification Requirements

5.5 Wage Payment Requirements

Filing Complaints

6.1 When to File a Complaint

6.2 West Virginia Division of Labor (Wage Claims)

6.3 West Virginia Human Rights Commission (Discrimination Claims)

6.4 Equal Employment Opportunity Commission (Federal Discrimination Claims)

6.5 U.S. Department of Labor, Wage and Hour Division (Federal Wage Claims)

6.6 Occupational Safety and Health Administration (Safety Complaints)

6.7 Private Lawsuit

6.8 Quick Reference: Where to File

Remote Work in West Virginia

7.1 Remote Work and West Virginia Law

7.2 Right to Request Remote Work

7.3 Return-to-Office Mandates

2026 Updates and Recent Changes

8.1 Recent Changes in West Virginia Employment Law

8.2 Monitoring Changes

8.3 Quarterly Review Schedule

Resources

10.1 West Virginia State Government Agencies

10.2 Federal Agencies

10.3 Key Publications and Guidance Documents

10.4 Attorney Licensing Information

10.5 Staying Updated

Frequently Asked Questions - West Virginia Employment Law

1. What is employment law in West Virginia?