West Virginia Employment Laws for Employers

West Virginia minimum wage is $8.75 per hour for employers with 6 or more non-exempt employees at one separate, distinct and permanent location. (W. Va. Code § 21-5C-2 (U.S. DOL WHD state minimum wage table))

“West Virginia Applicable to employers of 6 or more employees at one location Basic Minimum Rate (per hour): $8.75”

“For the purpose of minimum wage coverage, the state minimum wage of $8.75 will apply whenever there are six (6) or more non-exempt employees working at any one separate, distinct and permanent work location.”

dol.gov · labor.wv.gov

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Employers (except railroad companies) must pay employees at least twice every month, with no more than 19 days between paydays, unless otherwise provided by special agreement. (W. Va. Code § 21-5-3(a))

“shall settle with its employees at least twice every month in a manner of the person, firm, or corporation’s choosing, as set forth in subsection (b) of this section, and with no more than 19 days between settlements, unless otherwise provided by special agreement”

“Every person, firm, or corporation doing business in this state (except railroad companies) shall settle with its employees at least twice every month and with no more than nineteen days between settlements (paydays) and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services.”

code.wvlegislature.gov · labor.wv.gov

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During a workday of 6 or more hours, employers must make available at least 20 minutes for meal breaks, where employees are not afforded necessary breaks and/or permitted to eat lunch while working. (W. Va. Code § 21-3-10a (U.S. DOL WHD meal period table))

“West Virginia 20 minutes for employees who work 6 hours or more in a workday. Statute Applicable to every employer. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working.”

“During the course of a workday of six or more hours, all employers shall make available for each of their employees, at least twenty minutes for meal breaks, at times reasonably designated by the employer.”

dol.gov · code.wvlegislature.gov

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West Virginia recognizes a common-law claim (a Harless claim) when an employer fires an at-will employee to contravene a substantial public policy principle. (Keffer v. Fayette County Board of Education, No. 22-631 (W. Va. Oct. 25, 2024) (memorandum decision), quoting Syl., Harless v. First Nat'l Bank, 162 W. Va. 116, 246 S.E.2d 270 (1978); Longerbeam v. Shepherd University, Nos. 22-609 and 22-610 (W. Va. Apr. 11, 2024), quoting Syl., Harless v. First Nat'l Bank, 162 W. Va. 116, 246 S.E.2d 270 (1978))

“(“The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer’s motivation for the discharge is to contravene some substantial public policy principle, then the employer may be liable to the employee for damages occasioned by this discharge.”)”

Same official text as quoted above (see the quote; Longerbeam v. Shepherd University, Nos. 22-609 and 22-610 (W. Va. Apr. 11, 2024), quoting Syl., Harless v. First Nat'l Bank, 162 W. Va. 116, 246 S.E.2d 270 (1978) · courtswv.gov).

courtswv.gov · courtswv.gov

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West Virginia presumes at-will employment, but contractual provisions on discharge or job security, including a definite promise of job security in an employee handbook, can alter at-will status (Cook v. Heck's). (Veltri v. Graybar Electric Co., No. 5:09-cv-00101 (N.D. W. Va.), quoting Pleasant v. Elk Run Coal Co., 486 S.E.2d 798, 802 (W. Va. 1997), citing Cook v. Heck's Inc., 342 S.E.2d 453, 459 (W. Va. 1986); Coleman v. Housing Authority of the City of Weirton, No. 5:12-cv-00151 (N.D. W. Va. Jan. 29, 2014), quoting Syl. pt. 3, Cook v. Heck's, Inc., 176 W. Va. 368, 342 S.E.2d 453 (1986))

“One exception to this general rule is that “a binding and enforceable legal contract may be initiated through a promise of job security contained in an employee handbook” and this will suffice to modify at-will employment.”

“However, “[c]ontractual provisions relating to discharge or job security may alter the at will status of a particular employee.””

govinfo.gov · govinfo.gov

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West Virginia does not recognize an implied covenant of good faith and fair dealing in at-will employment; an employer has no implied duty to act in good faith when discharging an at-will employee, as long as the motivation does not contravene substantial public policy. (Coleman v. Housing Authority of the City of Weirton, No. 5:12-cv-00151 (N.D. W. Va. Jan. 29, 2014), quoting Miller v. Massachusetts Mut. Life Ins. Co., 193 W. Va. 240, 244, 455 S.E.2d 799, 803 (1995); Lucas v. United Fabricating, Inc., No. 5:06-cv-00154 (N.D. W. Va.), describing Shell v. Metropolitan Life Ins. Co., 396 S.E.2d 174 (W. Va. 1990))

“[West Virginia] do[es] not recognize the implied covenant of good faith and fair dealing in the context of an at-will employment contract.””

“(holding that employer does not have an implied duty to act in good faith when discharging an at-will employee provided that the employer’s motivation for the termination does not contravene substantial public policy)”

govinfo.gov · govinfo.gov

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