Federal and state wage and hour laws set a baseline for how much employers should pay employees for each hour they work. Furthermore, wage and hour laws regulate how many hours certain employees can work in a given period of time as well as overtime pay, recordkeeping, child labor, meal and rest breaks and minimum wages set for certain groups of people. Employers should have a good understanding of the wage and hour laws and how they work in order to keep in accordance with state and federal regulations.
Minimum Wage in West Virginia
The minimum wage in West Virginia is $8.75 for every hour an employee works, according to the National Conference of State Legislatures. This is considerably higher than the federally mandated minimum wage amount of $7.25 an hour. Employees who work on a state-funded construction project must receive the prevailing hourly rate, which can exceed the state-mandated minimum wage amount. This amount is determined each year by the Labor Commissioner and varies depending on the type of job that is being performed.
Minimum Wage of Tipped Workers: Under the Fair Labor Standards Act, employers are able to pay tipped workers a wage that is 70 percent below the state-mandated minimum wage, which would equal $2.62 an hour. The employee’s reduced wage amount combined with his or her tips should equal at least the state’s minimum wage amount. If it falls short, the employer is obligated to pay the difference.
Does Minimum Wage Apply to Me: A company must have a minimum of six employees who work at a permanent and distinct business location in order for the minimum wage regulations to apply. There are some businesses that are exempt from the minimum wage law. To see a complete listing, visit the Division of Labor’s website at www.wvlabor.com.
When Are Raises Required: Employers in West Virginia are not required to give their employees raises during certain times of their employment. However, some employers may give raises depending on an employee’s performance, skill level, area of expertise and/or amount of time spent with the company.
Work Hours in West Virginia
Paying Overtime: Employees who work more than 40 hours in one workweek are entitled to receive one and one-half times their regular hourly pay rate. Employers may enter into an agreement with their employees that overtime will be paid to people who work over a certain number of hours in a work day. There are certain workers who are exempt from receiving overtime, including outside sales employees, certain administrative, executive or professional employees, skilled computer professionals, transportation employees and domestic service workers, just to name a few. To see a full list of employers who are not required to pay overtime, visit www.wvlabor.com.
Guaranteed Breaks and Meals: West Virginia employers must provide employees with a 20-minute meal break for every six hours they work. In some cases, employees are able to eat lunch while working or take breaks when necessary. Any rest breaks that are less than 20 minutes long must be paid as work time.
Paid Time Off and Sick Pay: There is no law that requires West Virginia employers to provide sick leave or paid time off to their employees. However, some businesses will give this benefit to their employees depending on their job title and/or how much time they have been employed with the company. Employees who are eligible under the Family and Medical Leave Act may be given time off to deal with certain situations, such as caring for a sick family member, taking care of a new baby or recovering from a serious condition. Employers must also give their employees up to three paid hours off of work so that they can vote.
Notice Period for Employee Termination: West Virginia is an employment-at-will state, which means that an employer can terminate a worker’s employment at any time. The employer does not have to give a reason for the termination.
Plant Closings & Layoffs: According to the Worker Adjustment and Retraining Notification Act, employers must give certain people notice before closing a business or performing mass layoffs. This warning must be given to the community where the business is located, all affected employees and to the local government 60 days prior to the closing or layoffs.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.