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Phone: 253-858-6601
Fax: 253-858-6603

Filing a Wage and Hour Claim - West Virginia

Does West Virginia have state overtime laws that are different from federal law?

Under West Virginia law, employers must pay one and one-half times the regular rate of pay for all hours worked in excess of 40 hours a week. This overtime requirement applies to any employer that employs six or more employees in any one separate, distinct and permanent location

Does West Virginia have a minimum wage that is different from federal law?

The minimum wage in West Virginia is $8.75 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.62, which is higher than the federal tipped minimum of $2.13.

Employers are permitted to pay a lower training wage of $5.15 per hour to employees younger than 20 years of age for a period of 90 days.

West Virginia's minimum wage law applies to employers that employ six or more employees in any one separate, distinct and permanent location.

Employers may also deduct meal costs of up to $4.00 per day for an employee who worked eight or more hours, or $0.50 per hour for employees who worked less than eight hours. Employers cannot take a deduction if the employee does not eat the provided meal. Employers may also take deductions for mandatory living quarters, but may not take deductions for uniforms or their laundering.

Do any cities or counties in West Virginia have a minimum wage that is different from state or federal law?

No cities or counties in West Virginia currently have their own minimum wage, so the state minimum wage applies to all municipalities.

Does West Virginia have meal and rest break requirements, unlike federal law?

West Virginia law requires employers to allow a 20 minute meal break to those employees working at least a six hour shift.

How do I file a wage/hour or labor standards claim in West Virginia?

In order to file a complaint with the West Virginia Division of Labor, a wronged employee must fill out a Request for Assistance (RFA). The RFA can be completed online or printed and mailed.

What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed. A claim for unpaid wages must be filed within two years of accrual.

How can I or my attorney pursue a claim in court in West Virginia

Employees can bring an action in court to recover unpaid wages, and attorneys' fees and costs are recoverable. Liquidated damages are calculated at twice the total amount of unpaid wages owed. A claim for unpaid wages in court must be filed within two years of accrual.

State Labor Agency
West Virginia Division of Labor
1900 Kanawha Boulevard East
State Capitol Complex
Building 3, Room 200
Charleston, West Virginia 25305
Phone: (304) 558-7890
Fax: (304) 558-2273
Email (general): LaborAdministration@wv.gov
Email (Wage and Hour Division): wageandhour@wv.gov

Terry A. Venneberg Weekly Weekly

Topic of the Week

Workplace Bullying


Blog of the Week

Overcoming Inequality in Unemployment Benefit Access and Utilization

Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization.

Thought for the Week

"It really is very damaging. It creates a place where you're just always afraid and you can't be yourself. People are angry and confused and they're concerned about their job all day every day—is today the day I'm going to be fired? That's just no way to live"

–Catherine Mattice Zundel | CEO of Civility Partners

List of the Week

from Workplace Bullying Institute

  • 19% of adults said they’d personally been bullied at work, while another 19% said they’d seen it happen to someone else.
  • Being bullied at work can harm both your mental and your physical health—with potential effects including major stress, anxiety, depression, trauma, high blood pressure, gastrointestinal issues, and more.
  • Workplace bullying goes far beyond a minor disruption or small annoyance. Rather, it creates a psychological power imbalance between the person doing the bullying and their target or targets to a point where that person at the receiving end develops [a] feeling of helplessness.

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  4. Reddit announces permanent work from home, eliminates cost-of-living pay compensation
  5. Stuck-At-Home Moms: The Pandemic's Devastating Toll On Women