Hiring Employees in West Virginia

Classifying Your Workers Correctly

Your company must decide whether each worker in West Virginia is an employee or an independent contractor using federal IRS guidance and state rules. The IRS focuses on behavioral control, financial control, and the overall relationship, while West Virginia agencies follow similar factors when reviewing unemployment and workers’ compensation coverage. You should document why you classified a worker a certain way and align contracts, supervision, and pay practices with that status.

Misclassification in West Virginia can trigger back wages, unpaid overtime, retroactive unemployment and workers’ compensation premiums, tax penalties, and potential civil fines. State or federal audits may also require you to reclassify workers going forward and adjust your payroll tax filings. To reduce risk, you can review the IRS guidance and resources such as https://www.playroll.com/blog/employee-misclassification-guide and periodically audit your classifications.

Verify Employee Work Eligibility

When you hire in West Virginia, you must complete federal Form I-9 for every employee to confirm identity and authorization to work in the United States. You must physically examine original documents from the I-9 Lists of Acceptable Documents within 3 business days of the employee’s start date and avoid requesting more or different documents than the form allows. Completed I-9s must be retained for at least 3 years after the hire date or 1 year after termination, whichever is later.

West Virginia does not currently mandate E-Verify for all private employers, but you may choose to use the federal E-Verify system voluntarily or if required under a specific government contract. If you enroll, you must follow E-Verify timelines and procedures consistently for all covered new hires. Keep your I-9 and E-Verify records separate from general personnel files to simplify audits and protect privacy.

Create an Employee Onboarding Process

Your onboarding process in West Virginia should include a written offer letter outlining pay rate, pay schedule, exempt or nonexempt status, and key benefits. You will need to collect federal Form W-4, West Virginia Form WV/IT-104 for state withholding, direct deposit authorization if used, and signed acknowledgments for your handbook, at-will employment statement, and key policies. You should also provide any required notices, such as workers’ compensation information and unemployment insurance rights.

Build a checklist so every new West Virginia hire receives consistent training on timekeeping, overtime approval, anti-harassment rules, and safety procedures. Clear documentation at the start helps you avoid disputes over hours, pay, and expectations later. If you use Playroll, you can see total hiring costs in West Virginia upfront so you budget accurately before extending an offer.

Pay Frequency & Methods

West Virginia law generally requires you to pay employees at least twice per month, with no more than 19 days between paydays, unless you qualify for and follow rules for less frequent payments. You must pay wages no later than 6 days after the end of the pay period for regular pay, and final wages are typically due by the next regular payday or within 72 hours in some discharge situations, depending on circumstances. Failure to pay on time can expose your company to claims for unpaid wages, liquidated damages, and attorneys’ fees.

Payment Methods (How You Can Pay)

Your company can choose from several lawful payment methods in West Virginia, but you must always ensure employees receive full wages on time and get an accurate wage statement each pay period.

• Payroll Check: You may pay employees by check drawn on a bank that allows them to cash it at full face value without fees or unreasonable delay.
• Cash: You can pay in cash as long as you keep accurate payroll records and provide a written statement of hours, rates, and deductions each pay period.
• Direct Deposit (EFT): You may use direct deposit if you obtain the employee’s voluntary written consent and allow them to choose a financial institution.
• Paycards: You can use payroll cards only if employees can access their full wages at least once per pay period without fees and receive clear disclosures of any card terms.
• Outsourced Payroll: You may outsource payroll to a third-party provider, but your company remains legally responsible for timely, accurate wage payments and tax remittances.

When you hire employees in West Virginia, your company must withhold and remit federal and state payroll taxes and pay several employer-only contributions. You will need to register with both the West Virginia State Tax Department and WorkForce West Virginia before running payroll, and then file returns and payments on the schedules assigned to you.

Employer Tax Contributions

As a West Virginia employer, you are responsible for federal Social Security and Medicare contributions, federal unemployment tax, state unemployment insurance, and any required local taxes. You must open a West Virginia withholding tax account and a WorkForce West Virginia unemployment account, then report wages and remit contributions electronically when required.

Employee Payroll Tax Contributions

Your company must withhold federal income tax, Social Security, Medicare, and West Virginia personal income tax from employee wages. You are responsible for calculating withholdings correctly, depositing them on time, and providing employees with Form W-2 after year-end.

Minimum Wage in West Virginia

Most employers in West Virginia must pay at least $8.75 per hour, which is higher than the federal minimum wage. Smaller employers with fewer than 6 employees and certain exempt categories may follow different rules, but many businesses in the state are covered. You should also confirm whether any local ordinances or federal contract requirements impose higher rates for your workforce.

Working Hours in West Virginia

West Virginia generally follows federal Fair Labor Standards Act principles for hours worked, requiring you to pay nonexempt employees for all hours they are suffered or permitted to work. The state does not set a daily maximum for adults, but you must comply with youth employment limits and provide a 20-minute meal break for employees who work at least 6 consecutive hours. Accurate timekeeping is essential so you can correctly calculate regular and overtime pay.

Overtime in West Virginia

Nonexempt employees in West Virginia must receive overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek, consistent with federal law. You must determine exempt status under the FLSA duties and salary tests before treating someone as exempt from overtime. Your company should define a fixed 7-day workweek in writing and require preapproval for overtime while still paying for all overtime actually worked.

West Virginia does not mandate broad private-sector benefit packages, but offering health insurance, retirement plans, and paid leave can make your company more competitive. If you average 50 or more full-time employees across the U.S., the federal Affordable Care Act requires you to offer affordable, minimum-value health coverage or face potential penalties. You should benchmark benefits against regional employers to attract and retain talent in the state.

Mandatory Leave Policies in West Virginia

Paid Time Off in West Virginia

West Virginia law does not require private employers to provide paid vacation or general PTO, so you can design your own policy. If you choose to offer PTO, you should clearly state in writing how employees earn it, whether unused time carries over, and what happens to balances at termination. Courts often look to your written policy and past practice to resolve disputes, so consistent administration is critical.

Maternity & Paternity Leave in West Virginia

There is no separate state maternity or paternity leave law for most private employers in West Virginia, but federal FMLA may provide up to 12 weeks of unpaid, job-protected leave for eligible employees after the birth or placement of a child. You should coordinate FMLA with any employer-sponsored short-term disability or paid parental leave benefits you offer. Make sure your policies explain eligibility, how to request leave, and how benefits and job protection work during the leave period.

Sick Leave in West Virginia

West Virginia does not mandate paid sick leave for private-sector employees, so you can decide whether to offer paid or unpaid sick time. If you provide sick leave, your policy should address accrual rates, permitted uses (such as the employee’s illness or a family member’s care), and any documentation requirements. You must also comply with federal laws like the Americans with Disabilities Act when handling extended illness or accommodation requests.

Military Leave in West Virginia

Employees in West Virginia who serve in the armed forces, National Guard, or reserves are protected by federal USERRA and state military leave laws. Your company must allow unpaid leave for covered service, maintain certain benefits, and reinstate eligible employees to the same or comparable position upon timely return. You should train managers not to discriminate based on military status and to escalate any military leave requests to HR for proper handling.

Jury Duty in West Virginia

West Virginia employers must allow employees time off to serve on a jury and may not threaten or penalize them for complying with a summons. State law does not require you to pay employees for this time, but many employers choose to provide some paid jury leave as a benefit. You can require proof of service, such as the jury summons or attendance slip, and should explain your pay practices in your handbook.

Voting Leave in West Virginia

West Virginia law generally entitles employees to up to 3 hours of paid time off to vote in an election if they do not have sufficient free time while polls are open. You may specify when during the workday employees can be absent to vote, as long as you do not interfere with their ability to cast a ballot. You can request reasonable advance notice so you can plan staffing around elections.

Bereavement Leave in West Virginia

There is no statewide requirement for private employers in West Virginia to provide bereavement leave. Many companies voluntarily offer 1–5 days of paid or unpaid leave for the death of an immediate family member to support employees during difficult times. Whatever policy you adopt, document the eligibility rules, length of leave, and whether proof such as an obituary may be required.

Termination Process

West Virginia is an at-will employment state, so you can generally terminate employment at any time for any lawful reason, provided you do not violate contracts, discrimination laws, or retaliation protections. You should document performance issues, follow your disciplinary procedures consistently, and conduct a brief termination meeting that covers final pay timing, benefits status, and return of company property.

Notice Period

West Virginia law does not require advance notice of termination for individual employees, but written employment contracts or collective bargaining agreements may impose notice obligations. Federal WARN rules can require 60 days’ notice for certain large-scale layoffs or plant closings affecting qualifying employers. Even when not required, giving reasonable notice or severance can reduce disputes and protect your company’s reputation.

Severance

Severance pay is not mandated in West Virginia, so you may decide whether to offer it and under what conditions. Many employers provide severance in exchange for a signed release of claims, especially in layoffs or higher-risk separations. Any severance policy should be written, consistently applied, and reviewed with counsel to ensure compliance with federal laws on waivers and age discrimination.