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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
In situations where employees are not afforded necessary breaks and/or permitted to eat
while working, West Virgina employers must provide their employees a meal break of least
20 minutes when scheduled to work 6 or more hours, at times reasonably designated by
the employer. WV Code 21-3-10a. Other rest periods, granted at the discretion of the
employer, must be paid if they last less than 20 minute. WV Wage and Hour Standards
42-5-2.
Employers must provide employees under the age of 16 a lunch period of at least 30
minutes if scheduled to work more than 5 hours. WV Code 21-6-7.
In situations where employees are not afforded necessary breaks and/or permitted to eat
while working, West Virgina employers must provide their employees a meal break of least
20 minutes when scheduled to work 6 or more hours, at times reasonably designated by
the employer. WV Code 21-3-10a. Other rest periods, granted at the discretion of the
employer, must be paid if they last less than 20 minute. WV Wage and Hour Standards
42-5-2.
Employers must provide employees under the age of 16 a lunch period of at least 30
minutes if scheduled to work more than 5 hours. WV Code 21-6-7.
Vacation
In West Virginia, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract. WV Code § 21-5-1(c) & (l), 3(a).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, if the forfeiture
policy is clearly and explicitly stated in the employer’s established policy or employment
contract. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup.
Ct. 1999).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, if the forfeiture policy is clearly and explicitly stated in the
employer’s established policy or employment contract. See Meadows v. Wal-Mart Stores,
Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. WV Code § 21-5-1(c) & (l), 3(a).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employee has agreed to the policy in writing.
See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
In West Virginia, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract. WV Code § 21-5-1(c) & (l), 3(a).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, if the forfeiture
policy is clearly and explicitly stated in the employer’s established policy or employment
contract. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup.
Ct. 1999).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, if the forfeiture policy is clearly and explicitly stated in the
employer’s established policy or employment contract. See Meadows v. Wal-Mart Stores,
Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. WV Code § 21-5-1(c) & (l), 3(a).
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. See
Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as the employee has agreed to the policy in writing.
See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
Severance
West Virginia law does not require employers to provide employees with severance
benefits. If an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
West Virginia law does not require employers to provide employees with severance
benefits. If an employer chooses to provide severance benefits, it must comply with the
terms of its established policy or employment contract.
Holidays
West Virginia law does not require employers to provide employees with either paid or
unpaid holiday leave. In West Virginia, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
West Virginia law does not require employers to provide employees with either paid or
unpaid holiday leave. In West Virginia, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
West Virginia's current minimum wage is $7.25. WV Div. of Labor: Minimum Wage. Some
exceptions apply to West Virginia's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
West Virginia's current minimum wage is $7.25. WV Div. of Labor: Minimum Wage. Some
exceptions apply to West Virginia's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
West Virginia requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. See FLSA: Overtime for more information regarding
overtime requirements.
West Virginia requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. See FLSA: Overtime for more information regarding
overtime requirements.
Sick Leave
West Virginia law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in West Virginia may be required to provide an employee sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
West Virginia law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in West Virginia may be required to provide an employee sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer must excuse an employee from work for the day or days required in serving as
a juror if the employee shows his or her jury summons to the employer, including his or her
immediate supervisor, on the next workday after receiving the summons.
West Virginia Stat. 52-1-21
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer must excuse an employee from work for the day or days required in serving as
a juror if the employee shows his or her jury summons to the employer, including his or her
immediate supervisor, on the next workday after receiving the summons.
West Virginia Stat. 52-1-21
