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West Virginia Employee Rights



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.

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