West Virginia Handbook Requirements (2026)

Federal Title VII applies to employers with 15 or more employees. The West Virginia Human Rights Act (WV Code 5-11-1 et seq.) sets the threshold at 12 employees working 20 or more calendar weeks in the current or preceding year. That means a small office with just a dozen staff members has full anti-discrimination obligations under state law.

Protected classes under West Virginia law include race, religion, color, national origin, ancestry, sex, age (40 and older), disability, and blindness. The West Virginia Human Rights Commission investigates complaints and can order remedies including back pay, compensatory damages, and injunctive relief.

Employees must file a complaint with the Commission within 365 days of the alleged discriminatory act. The Commission has investigative authority and can issue cease-and-desist orders. If the Commission finds probable cause, it may pursue conciliation or hold a public hearing. Employees also retain the right to file a civil lawsuit.

A company with 12 to 14 employees sits in a gap: covered by West Virginia's anti-discrimination law but not by federal Title VII. Many employers in this range assume they are too small to worry about discrimination claims. They are not.

The fix: If you have 12 or more employees in West Virginia, establish a written anti-discrimination policy, implement a complaint investigation procedure, and train supervisors on recognizing and preventing discriminatory conduct. Document everything. The Commission takes the 365-day filing window seriously.

Sources: WV Code Chapter 5, Article 11 (Human Rights Act); West Virginia Human Rights Commission; WV Code 5-11-3 (definitions, employer threshold).

West Virginia's Pregnant Workers' Fairness Act (WV Code 5-11B), effective in 2022, requires employers with 12 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions. This is separate from FMLA and goes well beyond simple leave.

The law specifically prohibits employers from:

• Refusing to make reasonable accommodations when the employee provides written documentation from a healthcare provider
• Requiring an employee to take leave when another reasonable accommodation can be provided
• Taking adverse action against an employee for requesting or using an accommodation
• Denying employment opportunities based on the need for accommodations

Reasonable accommodations can include: more frequent breaks, modified work schedules, temporary transfer to a less strenuous position, seating accommodations, and limits on lifting. The employer's obligation is to engage in an interactive process, just like the ADA requires for disability accommodations.

Enforcement runs through the West Virginia Human Rights Commission under the same framework as discrimination claims. Remedies include back pay, compensatory damages, attorney fees, and injunctive relief. Forcing a pregnant employee onto leave when a simple accommodation (like a chair or modified schedule) would have kept them working is the single most common violation.

The fix: Add a standalone pregnancy accommodation policy to your handbook. Train managers on the interactive accommodation process. Do not default to putting pregnant employees on leave. Document every accommodation discussion and decision. If you are not sure whether your handbook covers this, run a free audit.

Sources: WV Code 5-11B-2 (definitions), WV Code 5-11B-3 (unlawful practices); West Virginia Human Rights Commission enforcement guidance.

West Virginia's overtime law (WV Code 21-5C-3) requires employers with 6 or more employees to pay 1.5 times the regular rate for hours worked over 40 in a workweek. On the surface, this mirrors the FLSA. But the exemption structure has state-specific details that create compliance gaps for employers who assume federal rules are the whole picture.

The state minimum wage and overtime provisions apply to employers with as few as 6 employees. The federal FLSA has an enterprise coverage test ($500,000 in annual revenue) and an individual coverage test (interstate commerce). A small West Virginia business that falls below the federal coverage thresholds may still owe overtime under state law if it has 6 or more employees.

West Virginia's exemptions generally track federal categories (executive, administrative, professional, outside sales), but the state does not automatically adopt every federal regulatory interpretation. When the DOL attempted to raise the exempt salary threshold in 2024 (from $684/week to $1,128/week) and the rule was vacated by a federal court, the impact on West Virginia law required separate analysis. The state threshold remains aligned with the current federal floor of $684/week.

Employees who are misclassified as exempt can recover unpaid overtime plus liquidated damages under the Wage Payment and Collection Act (WV Code 21-5-1 et seq.), including attorney fees.

The fix: Audit your exempt classifications against both federal and West Virginia criteria. If you have 6 to 49 employees and assumed FLSA enterprise coverage does not apply to you, check whether state overtime obligations fill the gap. Document the basis for every exemption classification.

Sources: WV Code 21-5C-3 (overtime), WV Code 21-5C-2 (minimum wage/coverage); WV Code 21-5-1 et seq. (Wage Payment and Collection Act); U.S. DOL overtime rule (2024, vacated Nov. 2024).

Under WV Code 21-3-10a, employers must provide at least a 20-minute meal break to employees who work 6 or more consecutive hours. The statute includes an exception: the break is not required if the nature of the work allows the employee to eat during their shift and the employer permits it.

That exception sounds broad, but it is narrower than many employers assume. "The nature of the work allows" means the employee can genuinely stop and eat without interruption or penalty. A cashier who theoretically could eat between customers but in practice never gets more than 30 seconds of downtime does not qualify. A factory worker on a production line does not qualify. A nurse who is on call during their "break" does not qualify.

The West Virginia Division of Labor has enforcement authority over meal break violations. While specific penalty amounts for first-time meal break violations are modest, the larger risk is the pattern it creates. Consistent meal break denials become evidence in wage and hour lawsuits, particularly if employees can show they worked through meal periods without being compensated for that time.

If an employee works through a meal break because the employer did not provide one, the employee must be paid for that time. Failing to pay for worked-through meal breaks creates an unpaid wage claim under the Wage Payment and Collection Act, which carries liquidated damages and attorney fees.

The fix: Schedule meal breaks for every employee working 6 or more consecutive hours. If you rely on the "eat while working" exception, document that the nature of the job genuinely allows uninterrupted eating. Train managers that a break is not a break if the employee is still responsible for work duties during it.

Sources: WV Code 21-3-10a (meal breaks); WV Code 21-5-1 et seq. (Wage Payment and Collection Act); West Virginia Division of Labor enforcement guidance.