Hours & Pay Regulations
West Virginia minimum wage laws define a workweek as a regularly recurring period of 168 hours which is the equivalent of seven consecutive 24-hour periods. The workweek does not need to coincide with the calendar week and may begin on any day of the calendar week and at any hour of the day. If an employer alters an employee’s workweek, the employer shall provide the employee with at least one full pay period’s notice of the change. Employees regular hours of work in a workweek is 40 hours.
West Virginia minimum wage laws require employers to count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements if the employee is, based on the fact, engaged to wait. WV Admin. Code 21-5C-9.7.
“On-call time” means the time an employer requires an employee to remain on, or in close proximity to, the employer’s premises so that the employee is not free to use the time as he or she wishes. If an employer only requires an employee to leave his or her contact information at home or with the employer, the employee is not working “on-call.”
Employees covered by West Virginia’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week.
Employees working within the state of West Virginia that work six or more hours per day or shift. are required to provide their employees with the minimum of a twenty-minute meal/break period unless the employee is already being provided a lunch or break period, or is allowed to eat while working.
The break requirement remains at twenty minutes regardless of the total number of hours the employee works in excess of the required six. The break may be given at any time throughout the employee’s workday at a time deemed reasonable by the employer. The twenty-minute requirement doesn’t have to be provided all together in one break period. It may be provided in smaller increments at the discretion of the employer.
West Virginia law does not require private employers to provide employees with either paid or unpaid holiday leave. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.
In West Virginia, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws.
State law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, etc. to their employees. However, when an employer chooses to provide such benefits that the employer is responsible for establishing a written policy outlining how those benefits are earned and paid.
As of January 1, 2020, the state’s hourly minimum wage is $8.75.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
State law requires all employers that have employees working within the State of West Virginia to provide their employees working at least six hours each day with a meal break period of at least twenty (20) minutes in duration unless such employees are allowed to eat while working and make necessary restroom visits throughout the workday. The twenty (20) minute break requirement is not intended as an additional requirement for any break or lunch periods already being provided by the employer. It is only required when employees are not being provided a break or lunch period of any kind and are not permitted to eat or have necessary restroom visits while working. Any meal break or rest period that lasts for twenty minutes or less must be paid.
An employee shall be entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any twelve-month period:
- Because of the birth of a son or daughter of the employee; or
- Because of the placement of a son or daughter with the employee for adoption; or
- In order to care for the employee’s son, daughter, spouse, parent or dependent who has a serious health condition.
In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, such family leave may be taken intermittently when medically necessary. An employee may take family leaves on a part-time basis and on a part-time leave schedule, but the period during which the number of workweeks of leave may be taken may not exceed twelve consecutive months, and such leave shall be scheduled so as not to disrupt unduly the operations of the employer.
If a leave because of birth or adoption is foreseeable, the employee shall provide the employer with two weeks, written notice of such expected birth or adoption. If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee:
- Shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee’s son, daughter, parent or dependent; and
- Shall provide the employer with two weeks, written notice of the treatment or supervision.
- Not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, following delivery by the applicant or employee of written documentation from the applicant’s or employee’s health care provider that specifies the applicant’s or employee’s limitations and suggesting what accommodations would address those limitations, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
- Deny employment opportunities to a job applicant or employee, if such denial is based on the refusal of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant; or
- Require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept; or
- Require an employee to take leave under any leave law or policy of the covered entity if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee.
employees. (§29-6-27 & §29-6-28).
Last updated on: June 10th, 2020