Filing a Wage and Hour Claim – West Virginia

1. Does West Virginia have state overtime laws that are different from federal law?

Under West Virginia law, employers must pay one and one-half times the regular rate of pay for all hours worked in excess of 40 hours a week. This overtime requirement applies to any employer that employs six or more employees in any one separate, distinct and permanent location

2. Does West Virginia have a minimum wage that is different from federal law?

For employers with six or ore nonexempt employees, the minimum wage is $8.75 per hour. Employers are permitted a 70% credit against the minimum wage requirement for their employees that regularly receive tips. Employers that take advantage of this credit may pay their tipped employees a minimum cash wage of $2.62 per hour. However, if during any given workweek a tipped employee does not receive an hourly rate, plus tips, to equal the required
minimum wage amount of $8.75 per hour, the employer must increase that individual’s hourly wage by whatever amount is necessary to meet the full minimum wage requirement. See the West Virginia website for more information.

3. Does West Virginia have meal and rest break requirements, unlike federal law?

West Virginia law requires employers to allow a 20 minute meal break to those employees working at least a six hour shift.

4. How do I file a wage/hour or labor standards claim in West Virginia?

See the Virginia Department of Labor for information on how to file a claim.

5. What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed. A claim for unpaid wages must be filed within two years of accrual.

6. How can I or my attorney pursue a claim in court in West Virginia

Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable. Liquidated damages are calculated at twice the total amount of unpaid wages owed. A claim for unpaid wages in court must be filed within two years of accrual.