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Good to Know
As of 2025, West Virginia has an estimated population of approximately 1.75 million residents.
The state's economy is traditionally rooted in industries like coal mining and manufacturing, but there has been a growing emphasis on sectors such as healthcare, education, and tourism in recent years.
Healthcare and social assistance have become leading employment sectors, reflecting a nationwide trend towards increased demand for healthcare services.
West Virginia mandates that employers provide a 20-minute meal break for employees working six or more consecutive hours, ensuring workers have adequate rest during longer shifts.
Working Hours in West Virginia
West Virginia has specific employment and labor laws governing working hours, designed to protect employees’ rights and ensure fair compensation. Whether you’re hiring local employees or working with an Employer of Record (EOR), it's essential to understand the state's regulations around working hours to ensure compliance.
1. Standard Workweek and Overtime
- Standard Work Hours: The typical workweek in West Virginia consists of 40 hours, with employees generally working 8 hours per day over a 5-day workweek.
- Overtime: Employees are entitled to overtime pay at a rate of 1.5 times their regular pay for hours worked beyond 40 in a workweek. Exemptions apply based on job duties and salary thresholds.
- Hospital and Residential Care Employees: These employees may adopt a 14-day work period instead of the standard 7-day workweek, with overtime paid after 80 hours worked in this period.
2. Meal and Rest Breaks
- Meal Breaks: Employers must provide a meal break of at least 20 minutes for employees who work six or more consecutive hours.
- Rest Breaks: While not required under state law, short rest breaks (5-20 minutes) provided by employers are compensable work hours under federal law.
Minimum Wage in West Virginia
As of 2024, the minimum wage in West Virginia is $8.75 per hour. This rate applies uniformly across the state, with no regional variations.
Overtime in West Virginia
Non-exempt employees in West Virginia are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for hours worked over 40 in a single workweek. Certain employees, such as those in executive, administrative, or professional roles, may be exempt from overtime provisions based on their job duties and salary levels.
Payroll taxes in West Virginia are deductions employers must take from employees’ wages and remit to the state. These taxes fund various state programs and services, including unemployment benefits and disability insurance. Examples of payroll taxes include:
- State Income Tax: A progressive tax ranging from 3% to 6.5%, based on income levels.
- State Unemployment Insurance (SUI): Rates range from 1.5% to 8.5% on the first $9,521 of each employee's wages, with new employers typically starting at 2.7%.
- Federal Unemployment Tax Act (FUTA): The effective rate is 0.6%, considering a credit of up to 5.4% for timely state unemployment tax payments.
Payroll Cycle in West Virginia
West Virginia law does not mandate a specific payroll frequency. Employers commonly pay employees weekly, bi-weekly, or semi-monthly. Employers should establish a consistent pay schedule and comply with any industry-specific regulations, ensuring wages are paid within a reasonable time after the pay period ends.
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Employment taxes and statutory fees affect both payroll and employee paychecks in West Virginia. Employers must understand their obligations to operate successfully in the state’s business landscape.
Employer Tax Contributions
Employers in West Virginia are responsible for taxes such as State Unemployment Insurance (SUI), Federal Unemployment Tax Act (FUTA), and FICA taxes. These obligations contribute to state programs like unemployment benefits and social insurance.
Employer payroll contributions are generally estimated at an additional 10% - 17% on top of the employee salary in West Virginia.
Employee Tax Contributions
Employee tax contributions are generally estimated at 10% - 12% of employee salary in West Virginia.
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Employers in West Virginia must provide mandatory benefits, including workers' compensation and unemployment insurance, while complying with federal and state laws. For additional information, visit Playroll’s Global Benefit Packages.
Employee Benefits For West Virginia
Competitive benefits are essential for attracting and retaining top talent in Wisconsin. Offering the right package helps employees feel valued and motivated. Our benefits experts understand the local labor market's trends, requirements, and expectations, ensuring your employees feel valued and supported. Common benefits in our Wisconsin packages include:
- Pension or 401(K)
- Vision Insurance
- Life Insurance
- Medical Insurance
- Dental Insurance
- Health Savings Plan (HSA)
- Flexible Spending Account (FSA)
Family and Medical Leave
Eligible employees can take up to 12 weeks of unpaid, job-protected leave annually under FMLA for specific family and medical reasons.
Sick Leave
There is no state mandate for private employers to provide paid sick leave. Employers offering it must comply with their policies.
Vacation Leave
Employers in West Virginia are not required to provide vacation leave. Those who do must adhere to their policies.
Jury Duty Leave
Employers must provide unpaid leave for jury duty, ensuring job reinstatement post-service.
Voting Leave
Employers must provide up to three hours of paid leave to vote, provided employees request it in advance.
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