Employment Laws In West Virginia
In West Virginia, the Division of Labor regulates employment in the private sector. The state protects rights of employees through policies that dictate a minimum wage and the circumstances in which employers must pay overtime wages. It also allows employers to set many terms and conditions of employment, including hiring and firing as well as fringe benefit policies.
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Wages
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As of 2010, West Virginia's minimum wage is the same as the federal minimum of $7.25 an hour. One difference between the federal and state laws applies to employees who work for tips. If the business falls under the jurisdiction of the federal Fair Labor Standards Act by engaging in interstate commerce or making at least $500,000 in annual revenues, the employer may follow the federal law allowing for a reduction in base wages to $2.13 an hour. If FLSA coverage does not apply, the business may reduce hourly wages to no lower than $5.80. In either case, the employer must make up any shortfall if an employee's hourly wages and tips do not total $7.25.
Hours
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Employees must receive 1.5 times their standard hourly wage for any time worked exceeding 40 hours in a week. Overtime pay applies only to hours worked, not to instances in which paid time off pushes an employee past 40 hours for the week. For example, if an employee works 40 hours and receives eight hours of holiday pay, the employee would not have a right to overtime pay. Employees who work at least six hours must receive an unpaid break period of at least 20 minutes. Employers may get around that requirement by allowing employees to eat and take bathroom breaks while working, or by providing meal breaks of any duration.
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Termination
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West Virginia's Division of Labor will not intervene in an employer's decision to terminate an employee's job because the state's employment-at-will doctrine means employers may fire employees for any reason. One exception is in the instance of discrimination based on age, race, gender, religion, national origin and disability. The state's Human Rights Commission is available to investigate such cases. West Virginia court rulings have established precedents for potential lawsuits for terminations arising from an employee's refusal to follow an order that would violate state public policy. Likewise, the employer's reason for firing an employee may not violate language in an implied contract such as a company manual.
Benefits
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Employers do not have to offer paid time off such as vacation pay, sick pay or holiday leave. If they opt to provide these benefits, they must write a formal policy that stipulates the conditions. Employees may change the benefit policy at any time, but must give formal notice to affected employees at least one pay period in advance. Employers may not make any policy changes retroactive by taking away paid leave employees already have accumulated. Upon termination, an employee has a right to receive compensation for unused vacation time unless the employer's written policy explicitly states otherwise.
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References
- West Virginia Division of Labor: Wage and Hour Frequently Asked Questions: Minimum Wage and Overtime
- West Virginia Division of Labor: Wage and Hour: Minimum Wage
- West Virginia Division of Labor: Wage and Hour Frequently Asked Questions: Wage and Hour Section
- United States Bureau of Labor Statistics: The Employment-at-Will Doctrine: Three Major Exceptions
Resources
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