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West Virginia Employment Law

West Virginia Human Rights Act covers employers with 12+ employees with a 365-day filing deadline. Does not include sexual orientation or gender identity protections.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$8.75

West Virginia State Laws (5)

WV HRA

W. Va. Code §§ 5-11-1 to 5-11-20

365 days
12+ employees

The West Virginia Human Rights Act prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age (40+), disability, and blindness. The Act covers employers with 12 or more employees and complaints must be filed within 365 days with the West Virginia Human Rights Commission. West Virginia does not include sexual orientation or gender identity as protected classes at the state level.

Protected Classes

racereligioncolornational originancestrysexage (40+)disabilityblindness

Key Provisions

  • ✓Covers employers with 12 or more employees with a generous 365-day filing deadline
  • ✓Does not include sexual orientation or gender identity as protected classes at the state level
  • ✓West Virginia Human Rights Commission investigates complaints and may hold administrative hearings; includes specific protection for blindness as a distinct category

Remedies

Back payFront payCompensatory damagesPunitive damagesAttorney fees and costsInjunctive reliefReinstatement
File with: West Virginia Human Rights Commission (WVHRC)365 days (1 year) from the discriminatory act

WV Minimum Wage and

W. Va. Code §§ 21-5C-1 to 21-5C-8

730 days
6+ employees

Establishes state minimum wage and overtime requirements parallel to (and sometimes broader than) the federal FLSA, covering employers not subject to FLSA enterprise coverage.

Protected Classes

minimum_wageovertime

Key Provisions

  • ✓Establishes state minimum wage and overtime requirements parallel to (and sometimes broader than) the federal FLSA, covering employers not subject to FLSA enterprise coverage.

Remedies

unpaid wages and overtimeliquidated damages equal to back wagesattorney fees
File with: West Virginia Division of Labor; private right of action2 years (3 for willful violations)

WV Workers Compensation Discrimination

W. Va. Code § 23-5A-1

730 days
1+ employees

Prohibits employers from discriminating against or discharging employees solely because they have filed a workers' compensation claim or received benefits under the WC act.

Protected Classes

workplace_safetyretaliation_for_safety_complaints

Key Provisions

  • ✓Prohibits employers from discriminating against or discharging employees solely because they have filed a workers' compensation claim or received benefits under the WC act.

Remedies

reinstatementback paycompensatory damagespunitive damages where malice shownattorney fees
File with: West Virginia courts (private right of action)2 years

WV Whistle-blower

W. Va. Code §§ 6C-1-1 to 6C-1-8

180 days
1+ employees

Protects public employees from retaliation for reporting waste, fraud, abuse of authority, or violations of law to a public body or law enforcement agency.

Protected Classes

fraud_reporting

Key Provisions

  • ✓Protects public employees from retaliation for reporting waste, fraud, abuse of authority, or violations of law to a public body or law enforcement agency.

Remedies

reinstatementback paycompensatory damagesattorney feescivil penalty against supervisor
File with: West Virginia courts (private right of action)180 days

WV Wage Payment and

W. Va. Code §§ 21-5-1 to 21-5-18

1825 days
1+ employees

Requires employers to pay all wages owed to discharged employees within their next regular payday and to pay quitting employees on the next regular payday; provides treble-style liquidated damages for late payment.

Protected Classes

minimum_wage

Key Provisions

  • ✓Requires employers to pay all wages owed to discharged employees within their next regular payday and to pay quitting employees on the next regular payday; provides treble-style liquidated damages for late payment.

Remedies

unpaid wagesliquidated damages of 2x wages owed (capped at 30 days)attorney feesinterest
File with: West Virginia Division of Labor; private right of action5 years

Federal Laws That Apply in West Virginia

These federal statutes protect workers nationwide, including in West Virginia. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in West Virginia

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.West Virginia laws are subject to legislative changes. Consult a qualified employment attorney in West Virginia for advice about your specific situation. Last reviewed: March 2026.