West Virginia · HR Compliance Guide

West Virginia HR Compliance
for Small Businesses

Everything you need to know about employment law in West Virginia: minimum wage, leave requirements, pay transparency, final pay rules, and more. Updated for 2026.

Min wage: $8.75/hrAt-will employment
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Wages & Hours

Minimum Wage & Overtime in West Virginia

Minimum Wage
$8.75/hr
Overtime Rule
Federal 40/wk only
Final Pay — Fired
Fired or Quit: next regular payday (within 72 hrs for voluntary)
⏱
Overtime
Federal 40/wk only
💵
Minimum Wage — West Virginia
$8.75/hr
📌
Key Note for West Virginia
WV minimum wage ($8.75) exceeds federal but has not been raised in years.
Leave & Benefits

Paid Leave Requirements in West Virginia

🏥
Paid Sick Leave
No statewide law
Not required
👶
Paid Family & Medical Leave
No state-mandated paid family leave in West Virginia. Federal FMLA applies to employers with 50+ employees.
Not required
Hiring & Pay Transparency

What You Must Disclose in West Virginia

📊
Pay Transparency
West Virginia has no statewide pay transparency law. You are not required to include salary ranges in job postings.
Not required
🚫
Salary History
West Virginia does not ban salary history questions. Pay equity best practice is to avoid them regardless.
Allowed
📜
Noncompete Agreements
Enforceable with reasonableness test.
Separation

Final Pay & Termination Rules in West Virginia

💸
Final Pay in West Virginia
Fired or Quit: next regular payday (within 72 hrs for voluntary)
Common Situations

Common HR Situations in West Virginia

Click any situation to run a West Virginia-specific compliance playbook — free for your first one.

Bring someone on
Offer letter, wage notices, new hire reporting.
End employment
Separation playbook, final pay timing, state notices.
Reduce your workforce
WARN Act check, selection defensibility, final pay.
Issue a written warning
Performance documentation — specific dates and incidents.
Respond to a complaint
Harassment, discrimination, retaliation — 72-hour plan.
Manage a leave request
Federal + state leave, eligibility for hourly and part-time.
Handle an accommodation request
Interactive dialogue, undue hardship, return-to-work.
Fix a wage or hour problem
Overtime, missed breaks, final pay — before a claim is filed.
Build a workplace policy
PTO, attendance, scheduling — multi-state aware.
Worker classification
Contractor vs. employee — IRS 20-factor test.
Respond to EEOC charge
30-day response, position statement, document preservation.
Handle a DOL audit
Triage, document response, 72-hour action plan.
Frequently Asked Questions

West Virginia Employment Law — Common Questions

What is the minimum wage in West Virginia in 2026?
The minimum wage in West Virginia is $8.75/hr as of 2026. Employers must pay all non-exempt employees at least this rate. WV minimum wage ($8.
When must an employer pay final wages after termination in West Virginia?
In West Virginia, final pay timing depends on the type of separation. Fired or Quit: next regular payday (within 72 hrs for voluntary). Failure to pay wages on time can result in civil penalties and a private wage claim — review your payroll calendar before any termination.
Does West Virginia require paid sick leave?
West Virginia does not have a statewide paid sick leave law. Federal FMLA provides unpaid, job-protected leave for employers with 50 or more employees. Employers can still offer paid sick leave voluntarily, which aids retention.
Does West Virginia have paid family and medical leave?
West Virginia does not have a state-mandated paid family leave program. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for employers with 50 or more employees.
Does West Virginia require pay transparency in job postings?
West Virginia does not currently have a statewide pay transparency law requiring salary ranges in job postings. Pay equity best practice is to establish pay bands internally and apply them consistently regardless of legal requirement.
Are noncompete agreements enforceable in West Virginia?
Enforceable with reasonableness test.. West Virginia courts typically require noncompete agreements to protect a legitimate business interest and to be reasonable in scope, geographic area, and duration. Overly broad agreements may be void or reformed by a court.

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