West Virginia Employment Laws

Prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability, sexual orientation, and gender identity. Applies to employers with 12 or more employees.

The state minimum wage is $8.75 per hour for employers with 6 or more employees at one location. The federal minimum wage of $7.25 applies to smaller employers covered by the FLSA.

Effective July 1, 2016, West Virginia workers may decide whether or not to join or financially support a labor union. No person may be required as a condition of employment to become or remain a member of a labor organization. Upheld by the WV Supreme Court in 2020.

The Whistleblower Law protects public employees who report violations of law or waste of public funds from retaliation. Employers cannot discharge, threaten, or discriminate against employees who make good faith reports.

Employers must pay employees at least twice per month and must pay all wages owed within 72 hours of termination or by the next regular payday, whichever comes first.