West Virginia employment rules 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

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

Whether the employee is fired or quits, wages due must be paid on or before the next regular payday on which they would otherwise be due. (W. Va. Code § 21-5-4(b))

“Whenever a person, firm, or corporation discharges an employee, or whenever an employee quits or resigns from employment, the person, firm or corporation shall pay the employee’s wages due for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable”

“Whenever an employee is terminated, quits, or resigns from employment, the employer must pay that employee’s final wages, including any fringe benefits that are payable directly to the employee, on or before the next regular payday on which the wages would otherwise be due and payable.”

code.wvlegislature.gov · labor.wv.gov

Whether the employee is fired or quits, wages due must be paid on or before the next regular payday on which they would otherwise be due. (W. Va. Code § 21-5-4(b))

“Whenever a person, firm, or corporation discharges an employee, or whenever an employee quits or resigns from employment, the person, firm or corporation shall pay the employee’s wages due for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable”

“Whenever an employee is terminated, quits, or resigns from employment, the employer must pay that employee’s final wages, including any fringe benefits that are payable directly to the employee, on or before the next regular payday on which the wages would otherwise be due and payable.”

code.wvlegislature.gov · labor.wv.gov

West Virginia law does not require employers to provide vacation. Fringe benefits include vacation, and accrued fringe benefits that are capable of calculation and payable directly to the employee are wages under the Wage Payment and Collection Act. Whether vacation is owed at separation depends on the terms of the employer's written policy, which the Division of Labor enforces as written. (W. Va. Code § 21-5-1(c))

“As used in §21-5-4, §21-5-5, §21-5-8a, §21-5-10, and §21-5-12 of this code, the term “wages” shall also include then accrued fringe benefits capable of calculation and payable directly to an employee: Provided, That nothing herein contained shall require fringe benefits to be calculated contrary to any agreement between an employer and his or her employees which does not contradict the provisions of this article.”

“Accrued fringe benefits are those benefits that are earned and payable directly to an employee based on the terms and conditions of written company policy.”

code.wvlegislature.gov · labor.wv.gov

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))

“(“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.”)”

“(“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.”)”

courtswv.gov · courtswv.gov

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))

“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

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))

“[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