Despite the state’s deference to federal regulations on workplace health and safety and unpaid family and medical leave, employers in West Virginia must operate under multiple state wage requirements, as well as paid voting leave rules and right-to-work mandates.
When it comes to talent and workforce management, West Virginia-based employers need to comply with the following state employment laws:
The below information was last updated November 4, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to U.S. labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
West Virginia is one of 26 states that currently have right-to-work laws.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| West Virginia Minimum Wage |
The state of West Virginia uses its own minimum wage rate of $8.75, including a tipped minimum wage rate of $2.62 for employees who earn tips with their base pay. |
| West Virginia Overtime Pay Laws |
According to W. Va. Code § 21-5C-3, overtime pay in West Virginia is calculated at 1.5 times the employee’s regular pay rate when working over 40 hours a week. |
| West Virginia Pay Equity Law | Under W. Va. Code § 21-5B-3, private employers in West Virginia can’t in any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills. Moreover, private employers can’t pay wages to any employee at a rate less than that at which they pay wages to their employees of the opposite sex for work of comparable character, the performance of which requires comparable skills. |
| West Virginia Pay Transparency Law | West Virginia currently has no pay transparency laws or regulations. |
| West Virginia Final Paycheck Law |
In West Virginia, employees who voluntarily resign or are involuntarily terminated from a job must receive their final paycheck by the next regular payday, unless the employee fails to return all employer-provided property. Under certain circumstances, employers may then withhold, deduct, or divert the final wages in an amount not to exceed the replacement cost of said property. |
| West Virginia PTO Payout Laws |
West Virginia doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| West Virginia Paid Sick Leave (PSL) | West Virginia currently has no paid sick leave laws or regulations. |
| West Virginia Paid Family and Medical Leave (PFML) | West Virginia currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons. |
| West Virginia Maternity Leave | West Virginia doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
| West Virginia Voting Leave Law | W. Va. Code § 3-1-42 requires West Virginia-based employers to provide employees with up to three hours of paid leave to vote in an election, unless the employee has three or more hours of their own time away from work to vote during the opening and closing of the polls on election day. Furthermore, employee requests for time off to vote must be made in writing at least three days before election day |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, West Virginia is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Under W. Va. Code § 21-3-10a, West Virginia employers must make available at least twenty minutes for meal breaks during a workday of six or more hours.
As described by the West Virginia Human Rights Law, employers in West Virginia are prohibited from discriminating against employees based on:
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West Virginia also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Human Rights Law. Employers must, for example, promptly report allegations or observations of harassment to the appropriate individuals.
The state doesn't, however, require employees to complete any harassment or discrimination training courses.
| West Virginia Non-Compete Agreement Laws | West Virginia currently has no laws or regulations banning or limiting the use of non-compete agreements. |
| West Virginia Retirement Plan Laws | West Virginia currently has no mandatory retirement plan laws or regulations. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
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