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West Virginia Employee Rights

West Virginia Employee Rights

West Virginia Employee Rights: Understanding the Law

As an employee in the state of West Virginia, you have legal rights – rights that are protected by state and federal law. In this article, we will explore some of the key aspects of West Virginia employee rights, including wages and benefits, workplace safety, discrimination, and more.

Wages and Hours

The West Virginia Minimum Wage and Maximum Hours Act establishes a minimum wage of $8.75 per hour for most employees in the state. This rate is set to increase to $11.00 per hour by July 1, 2024. Tipped employees must be paid $2.62 per hour, but their tips combined with their wages must equal at least the minimum wage – otherwise, the employer must make up the difference.

Employees who work more than forty hours in a workweek must be paid overtime at a rate of 1.5 times their regular rate of pay. There are some exceptions to this rule, such as for executive, administrative, and professional employees, who are exempt from overtime pay requirements.

If your employer violates minimum wage or overtime laws, you have the right to file a complaint with the West Virginia Division of Labor. The Division of Labor can investigate and take legal action against employers who violate wage and hour laws.

Health and Safety

West Virginia employers must provide a safe working environment, free from recognized hazards that are likely to cause death or serious injury. This includes providing safety training, providing personal protective equipment when necessary, and ensuring that machinery and equipment is properly maintained.

The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for regulating workplace safety. OSHA has the authority to inspect workplaces, issue citations and fines for safety violations, and require employers to make corrections to hazardous conditions.

If you believe that your workplace is unsafe, you have the right to file a complaint with OSHA. You can do so anonymously, and OSHA will investigate the complaint and take appropriate action.

Discrimination and Harassment

West Virginia law prohibits discrimination in employment on the basis of race, color, national origin, sex, religion, age, disability, ancestry, and genetic information. This means that employers cannot make decisions about hiring, firing, or promotions based on any of these factors.

Employers are also required to provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship on the employer.

If you believe that you have been discriminated against, you should file a complaint with the West Virginia Human Rights Commission. The Commission will investigate your complaint and attempt to resolve the issue through mediation. If mediation is unsuccessful, the Commission can initiate legal action on your behalf.

Sexual harassment is also prohibited in the workplace under West Virginia law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment.

If you are experiencing sexual harassment at work, you should report it to your supervisor or human resources department. If that does not resolve the issue, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your complaint and attempt to resolve the issue through mediation. If mediation is unsuccessful, the EEOC can initiate legal action on your behalf.

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve weeks of unpaid leave per year for certain family or medical reasons. This includes the birth or adoption of a child, caring for a family member with a serious health condition, or an employee’s own serious health condition.

To be eligible for FMLA leave, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours in the previous year. Your employer must have at least 50 employees within 75 miles of your worksite to be covered by the FMLA.

While FMLA leave is unpaid, your employer must continue to provide you with health insurance during the leave period. Your employer must also restore you to your former position or to an equivalent position when you return from leave.

Workers’ Compensation

West Virginia law requires most employers to carry workers’ compensation insurance. Workers’ compensation provides benefits to employees who are injured or become ill as a result of their job.

If you are injured or become ill on the job, you should report the injury or illness to your employer as soon as possible. Your employer should then file a workers’ compensation claim on your behalf. If your claim is denied or your benefits are terminated, you have the right to file an appeal with the West Virginia Office of Judges.

Unemployment Benefits

If you lose your job through no fault of your own, you may be eligible for unemployment benefits. To be eligible, you must have worked for a certain amount of time and earned a certain amount of wages during a specific period. You must also be actively seeking work and willing and able to work.

Unemployment benefits are paid through the West Virginia Division of Unemployment Assistance. If your claim is denied, you have the right to file an appeal. You may also be eligible for other types of benefits, such as job training and placement services.

Conclusion

As an employee in West Virginia, you have legal rights that are protected by state and federal law. These rights include the right to fair wages and benefits, a safe working environment, protection from discrimination and harassment, and the right to access certain types of leave and benefits. If you believe that your rights have been violated, you have the right to file a complaint or seek legal action.


Quick Guide to WV Employee Rights

West Virginia Employee Rights

One of the greatest public resources for West Virginia employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, and more is the state’s revised code.  The West Virginia Division of Labor is also a great resource for multiple West Virginia employee rights and both federal and state laws will be discussed within this article.

West Virginia Employee Rights in the Hiring Process

There are multiple federal laws and state laws that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination, unlawful drug testing, and access to personal files.

§21-1D of the state’s revised code directly addresses West Virginia employee rights for certain kinds of drug testing in the hiring process and throughout employment.  §21-1A-4 of West Virginia employee rights during the hiring process discusses state law for the use of employer references and information that may and may not be supplied.

West Virginia employee rights within the hiring process are controlled by the following federal laws and more:

• Title VII of the Civil Rights Act of 1964 (which protects rights in the hiring process dealing with race, color, religion, sex, or national origin, and more)

• Age Discrimination Act of 1963 (which protects workers’ rights during the hiring process who are 40 years or older)

• Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s rights in federal, state, and local sectors)

• Title II of the Genetic Information Nondiscrimination Act of 2008 (which prohibits discrimination based on genetic information about the employee)

Fair Pay and Equal Pay

There are also West Virginia employee rights that cover various employee rights in minimum wage and fair pay and equal pay.  Some of these rights are listed below:

The Fair Pay and Equal Pay Acts

These acts prohibit sex-based discrimination within the same job.  The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws.  State law regarding fair pay and equal pay is discussed in §21-5B of the revised code.  If you believe your employer has violated a fair pay and equal pay procedure, you may file a wage claim.

Various Employee Rights with Minimum Wage

The current minimum wage in West Virginia is $7.25 per hour and $5.80 per hour for tipped employees.  Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates.

Refer to the article on this website titled, “Quick Guide to Minimum Wage in WV” for more information on various employee rights in minimum wage laws.  §21-5C of the state’s code also discusses various employee rights in minimum wage.

If you believe your West Virginia employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer.  Your West Virginia employee rights under the hiring process, various employee rights under minimum wage laws, fair pay and equal pay, and others are protected under whistleblower laws if you decide to bring suit against an employer.