West Virginia Worker Rights
West Virginia has a state minimum wage slightly above federal, and federal OSHA covers private employers.
- West Virginia
Pay
- Minimum wage: $8.75 per hour for employers with 6 or more employees at one location.
- Overtime: 1.5x over 40 hours a week.
- Final pay: by the next regular payday.
- Prevailing wage: repealed in 2016; Davis-Bacon applies on federal projects.
Breaks and leave
- Breaks: a 20-minute meal break for shifts of 6 hours or more, unless you can eat while working.
- No state paid sick leave law.
Unions and right-to-work
West Virginia is a right-to-work state: a union contract can’t require you to join a union or pay dues or fees to keep your job. You still have the right to organize and act together with coworkers under federal law. See Right-to-Work States.
Where to file
- Unpaid wages and overtime: West Virginia Division of Labor, Wage and Hour.
- Discrimination and harassment: West Virginia Human Rights Commission, or the U.S. EEOC.
- Safety: Federal OSHA covers private employers. See Federal OSHA States.
- Work injuries: report the injury to your employer right away, in writing, and follow up with West Virginia’s workers’ compensation agency. See Workers’ Compensation.
Check current rules: this is a summary. Wage rates and labor laws change often, usually on January 1 or July 1, and cities and counties can add their own rules. Confirm details with the West Virginia Division of Labor before acting. Federal protections apply too. See Where to Get Help.
Standards & references
Last updated: