WV - West Virginia Human Resource Labor Laws
Below is a list of employment laws we monitor and provide for West Virginia.
Example law for this state: Overtime
State law does not differ from Federal Law except as follows:
(f) (1) Employees of county and municipal governments may receive, in accordance with this subsection and in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime is required pursuant to this section.
(2) County and municipal governments may provide compensatory time under subdivision (1) of this subsection, only pursuant to a written agreement arrived at between the employer and employee before the performance of the work, and recorded in the employer's record of hours worked, and if the employee has not accrued compensatory time in excess of the limit prescribed in subdivision (3) of this subsection. Any written agreement may be modified at the request of either the employer or the employee, but under no circumstances shall changes in the agreement deny an employee compensatory time heretofore acquired.
(3) An employee may accrue up to four hundred eighty hours of compensatory time if the employee's work is a public safety activity, an emergency response activity or a seasonal activity. An employee engaged in other work for a county or municipal government may accrue up to two hundred forty hours of compensatory time. Any such employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as the case may be, shall for additional overtime hours of work, be paid overtime compensation. If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment.
(4) An employee who has accrued compensatory time off authorized to be provided under subdivision (1) of this subsectionshall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than:
(A) The average regular rate received by such employee during the last three years of the employee's employment; or
(B) The final regular rate received by such employee, whichever is higher.
(5) An employee of a county or municipal government:
(A) Who has accrued compensatory time off authorized to be provided under subdivision (1) of this subsection; and
(B) Who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable time after making the request if the use of the compensatory time does not unduly disrupt the operation of the public agency. Compensatory time must be used within one year from the time it was acquired.
(6) For purposes of this subsection the terms "compensatory time" and "compensatory time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate.
Affirmative Action
Age Discrimination
AIDS
Arrests/Convictions
Arrests/Convictions
Authorized Workers
Background Checks
Benefits for Unmarried Partners
Blacklisting
Breaks
Breastfeeding
Child Labor Laws
Child Support
Court Attendance - Victim of a Crime
Court Attendance - Victim of Crime
Credit Reports
Data Security/Breach Notification
Data/Security Breach Notifcation
Direct Deposit
Drud and Alcohol Testing
Drug/Alcohol Testing
E-Verify
Employee Polygraph Protection Act of 1988
Employment At Will
Family and Medical Leave
Genetic Testing
Health Insurance Continuation
Health Insurance Continuation - COBRA
Immigration Reform and Control Act
Insurance Portability
Jury Duty
Lie Detector Test
LIfestyle Discrimiantion
Lifestyle Discrimination
Medical Donation Leave
Military Leave
Military Service
Mini COBRA
Minimum Wage
National Origin
New Hire Reporting
Non-Compete Agreements
Occupational Health & Safety
Occupational Safety and Health
Off Duty Conduct
Off-Duty Conduct
Overtime
Pay Schedules
Pay Statements
Payment of Commissions
Personnel Files
Plant Closing and Mass Layoff
Plant Closings and Mass Layoffs
Posting Requirements
Pre-Employment Inquiries
Pregnancy Discrimination
Privacy
Race
References
Religion
School Visitation Leave
Sex Discrimination
Sexual Harassment
Sexual Orientation Discrimination
Smoking
Social Security Numbers
Title VII/Civil Rights
Unemployment Insurance
Union Members
Vacation Pay Upon Termination
Voting
Wage Deduction
Wage Deductions
Wage Garnishment
Wage Payment at Termination
Weapons
Whistleblower Protection
Workers' Compensation