An Employer’s Compliance Starter Guide: West Virginia – Justworks Help Center

Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.

In addition to federal regulations, each state has their own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.

Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.

Payroll Tax Accounts

Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, employers will need to close their West Virginia unemployment and withholding accounts prior to joining the Justworks platform. Linked here are the steps you’ll need to take: West Virginia - State Unemployment Insurance.

Recruiting & Hiring Practices

Wage Payment and Collection Act

All West Virginia employers must satisfy the requirements of the Wage Payment and Collection Act by notifying employees of their pay rate, and the day, hour, and place of payment in writing at the time of hire.

West Virginia Division of Labor: Wage Payment & Collection (WPCA) Employer Notification Requirements

Mineral*: West Virginia Wage Payment

Independent Contractors

When classifying workers as employees or independent contractors, there are a few things to consider including the different tests that apply under federal and state employment laws, and potential penalties and other liabilities for misclassifying employees as independent contractors. In conjunction with federal laws, certain state laws apply tests that are more stringent than the guidance provided by federal agencies, such as the IRS and Department of Labor.

You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in West Virginia in the relevant section at the link below.

Mineral*: West Virginia Independent Contractors

Pay Requirements

Minimum Wage & Overtime

Employers can find the most up-to-date minimum wage requirements from the West Virginia Division of Labor.

Employers with six (6) or more non-exempt employees working at any one separate, distinct, and permanent work location must comply with West Virginia’s minimum wage requirements. Because the federal minimum wage is currently less than West Virginia’s minimum wage requirement, the federal minimum wage would only apply to employees working in West Virginia when the six (6) non-exempt employee requirement is not met.

West Virginia Division of Labor: Minimum Wage & Maximum Hours

Mineral*: West Virginia Minimum Wage and Overtime

Meal and Rest Laws

Employees must be given meal or rest periods totaling at least 20 minutes if a shift is six (6) hours or longer. This meal/rest period is required unless employees are already being provided a lunch or rest period of at least 20 minutes or are allowed to eat while working. Employers should consider the amount of time employees are relieved from duty when determining whether the rest period is to be paid or unpaid. Generally, a rest or meal period of 20 minutes or less should be paid.

West Virginia Division of Labor: Employee Meal Break Requirements

Mineral*: West Virginia Meal and Rest Periods

Leave

Paid Other Leave Requirements

In West Virginia, employers are required to provide employees with up to three (3) hours of paid leave to vote, so long as the employee requests the time off to vote in writing three (3) days before the date of the election. Employers are not required to provide employees with leave to vote if the employees have three hours of off-duty time to vote while polls are open.

West Virginia Legislature: Time off for Voting

Mineral*: West Virginia Voting Leave

Separation

Final Wage Payment Requirements

In West Virginia, the final paycheck for separating employees should be issued no later than the next regularly scheduled payday. The employer must provide the paycheck as normal or, upon the employee’s request, by mail.

West Virginia Division of Labor: Requirements For Final Wages

Mineral*: West Virginia Separation

Paid Time Off and Vacation Payout Requirements

Although employers are not required to provide employees with paid time off or vacation benefits, if employers choose to provide such benefits, any required payouts at the time of separation must comply with the terms of their established policy. Employers are required to pay out unused vacation or other types of PTO upon separation of employment unless a written policy clearly and explicitly provides that the unused vacation or other types of PTO is forfeited upon separation from employment.