Hiring Laws in West Virginia

West Virginia employment laws reflect a transformational period for worker protections, particularly regarding minimum wage increases implemented through House Bill 2481. The state’s West Virginia Division of Labor, West Virginia Human Rights Commission (WVHRC), and the Equal Employment Opportunity Commission (EEOC) oversee most employment standards, including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of West Virginia employment law is the dramatic transformation of the state’s minimum wage through enacted legislation. After an 8-year freeze from 2016-2024, West Virginia began increasing its minimum wage by $1 per year, reaching $11.00 in 2025, with scheduled annual increases through 2029 to reach $15.00. Additionally, West Virginia provides mandatory 20-minute meal breaks for employees working 6+ consecutive hours—more protective than federal law.

These rules reflect West Virginia’s commitment to comprehensive worker protections through enacted minimum wage increases and expanded anti-discrimination coverage.

West Virginia Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The West Virginia Human Rights Act (WVHRA), codified in West Virginia Code § 5-11-1 et seq., prohibits discrimination in employment based on race, religion, color, national origin, ancestry, sex (including pregnancy), age (40 and older), blindness, and disability.

• Broader employer coverage: The WVHRA applies to employers with 12 or more employees for 20 or more calendar weeks in the calendar year in which the discrimination allegedly occurred or the preceding year—lower than federal Title VII’s 15-employee threshold. Why the 12-employee threshold? West Virginia determined that discrimination can occur in smaller workplaces and that workers deserve state-level protection. Employees in businesses with 12-14 employees receive state-level anti-discrimination protections unavailable under federal law.
• Important distinction—No explicit sexual orientation/gender identity protections in current state law: West Virginia state law does not currently explicitly include sexual orientation or gender identity as protected classes, though pending legislation (SB 156) proposes adding these protections. However, the federal Supreme Court decision in Bostock v. Clayton County (June 2020) extended Title VII sex-based discrimination protections to include sexual orientation and gender identity for employers with 15+ employees under federal law.
• Unique complaint filing process: Unlike many states, filing with the WVHRC is NOT mandatory—employees may choose to file directly in court within 2 years of the discriminatory act, OR file with the WVHRC within 365 days. This dual pathway provides flexibility. However, federal EEOC claims require filing within 300 days. The WVHRC and EEOC have a work-sharing agreement allowing cross-filing.
• Retaliation protections: The WVHRA explicitly prohibits retaliation against employees for filing discrimination complaints, participating in investigations, or opposing discriminatory practices.

Employers are required to maintain written policies addressing non-discrimination. Employers must provide reasonable accommodations for individuals with disabilities unless it causes undue hardship.

Pay Equity and Minimum Wage

• Current transformational wage schedule: West Virginia’s minimum wage is $11.00 per hour as of January 1, 2025, representing a dramatic transformation from the state’s 8-year freeze at $8.75 from 2016-2024. House Bill 2481 enacted in 2023 established annual $1 increases:
  • January 1, 2025: $11.00 per hour
  • January 1, 2026: $12.00 per hour
  • January 1, 2027: $13.00 per hour
  • January 1, 2028: $14.00 per hour
  • January 1, 2029: $15.00 per hour
• Tipped employees: The minimum cash wage for tipped employees is $2.62 per hour (30% of the minimum wage). Employers may take a tip credit if tips, combined with the base wage, reach the full minimum wage. Employers must ensure tipped workers always earn at least the minimum wage.
• Training wage: Employers may pay a training wage of $9.00 per hour (as of 2025) to workers under age 22 for their first 90 consecutive days of employment—significantly higher than the federal training wage of $4.25. This provision protects young workers while providing employers flexibility during training periods.
• Overtime: West Virginia follows federal FLSA standards—overtime is due at 1.5 times the regular rate for hours worked over 40 per week.
• Exempt employee salary threshold: As of January 1, 2025, the federal salary threshold for exempt employees is $58,656 per year, adjusted every three years thereafter.

West Virginia follows federal equal pay requirements. Employers should retain records demonstrating the basis for any wage differences between employees performing substantially equal work.

Background Checks and Criminal History Rules

West Virginia does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, expunged or sealed records require special handling—if an applicant’s criminal record has been expunged or sealed, the applicant may truthfully state that the conviction did not occur.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, West Virginia employers are required to verify the identity and employment eligibility of new hires using Form I-9. The employee must complete Section 1 by their first day of employment. Employers must complete Section 2 within three business days of hire. Forms must be retained for three years after hire or one year after termination, whichever is later.

State-Specific Hiring Rules

West Virginia enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in West Virginia

West Virginia takes non-compliance seriously. Employers who fail to follow state and federal hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, meal break, overtime, and wage payment laws are subject to civil penalties. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees.
• Discrimination Violations: If the WVHRC or EEOC finds discrimination, remedies include reinstatement, back pay, compensatory damages, front pay, and attorney fees. West Virginia law does not cap compensatory damages, creating substantial employer exposure. In some cases, punitive damages may also be awarded.
• Filing timeline: Employees may file with the WVHRC within 365 days of the discriminatory act OR file directly in court within 2 years. Federal EEOC claims must be filed within 300 days. The WVHRC and EEOC have a work-sharing agreement for cross-filing.
• Employee Lawsuits: Employees can file complaints with the WVHRC (1-888-676-5546) or pursue civil lawsuits for discrimination or retaliation.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines can range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• New Hire Reporting Non-Compliance: Employers who fail to report face civil penalties of up to $25 per failure; if conspiracy between employer and employee exists, penalties can reach $500 per employee.

Notice and Documentation HR Professionals Need to Know

HR professionals must maintain the following key documents to stay compliant:

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work in the U.S. via Form I-9. These forms must be completed within three business days of hire and stored securely for the required retention period: either three years after the hire date or one year after termination, whichever is later. For additional guidance, consult the USCIS I-9 Handbook.
• New Hire Reporting to WV New Hire Reporting Center- All new hires, rehires, and independent contractors (paid $2,500+) must be reported to the West Virginia New Hire Reporting Center within 20 days. Reports should include employee name, address, Social Security number, start date, and employer FEIN. Online reporting is recommended. Phone: (877) 625-4669. Fax: (877) 625-4675.
• Background Check Documentation- Employers must retain written consent forms, background check reports, and copies of any adverse action notices provided to applicants. These records should be kept for at least one year and demonstrate compliance with FCRA requirements.
• Written Policies on Non-Discrimination and Equal Opportunity- Employers are required to maintain written policies outlining their commitment to equal employment opportunity and non-discrimination. These policies should be included in employee handbooks and posted in visible areas of the workplace.
• Retention of Job Applications and Interview Notes- West Virginia employers are advised to retain job applications, interview notes, and hiring records for a minimum of two years.
• Wage and Hour Records- Employers must maintain accurate records of hours worked, wages paid, and deductions for each employee. Records should be kept for at least three years and made available during audits or investigations.
• Posters and Workplace Notices- Certain notices must be displayed prominently in the workplace, including those covering minimum wage, discrimination, workers’ compensation, unemployment insurance, occupational safety, and employee rights. HR should routinely verify that all state and federal posters are up-to-date and clearly visible to employees.