West Virginia Employee Handbook

When your company hires employees in West Virginia, you are required to comply with federal, state, and local employment laws. There are a variety of human resources and labor policies in the workplace that differ by state. Through your employee handbook, employers can easily document and distribute the correct policies to their employees to comply with the laws of each state.

Creating your West Virginia Employee Handbook is a useful way to explain important policies and procedures, mitigate legal risk, and introduce employees to the expectations and operating practices of the organization.

Mosey has compiled the relevant policies a company with employees in West Virginia must consider.

West Virginia Employee Handbook Policies

There are 7 state and local employee handbook policies in West Virginia.

Wage and Hour

West Virginia Meal Break Policy

You are entitled to at least a 20-minute paid meal break for shifts of six hours or more. Breaks lasting 20 minutes or less are paid, while breaks of 30 minutes or more may be unpaid if you are fully relieved of duties; otherwise, they are paid. A 20-minute break may not be required if you have other meal periods or can eat while working. Employees under 16 working over five hours are entitled to a 30-minute unpaid break within five hours of their shift.

West Virginia Minimum Wage Policy

You are entitled to a minimum wage of $8.75 per hour, with tipped employees receiving at least $2.62 per hour plus tips to meet or exceed $8.75. If total earnings fall short, Employer will cover the difference.

Leaves of Absence

West Virginia Voting Leave Policy

You are entitled to up to three consecutive hours of paid leave to vote given that you provide at least three days prior written notice to Employer.

West Virginia Jury Duty Leave Policy

Employer will not fire or demote you if you are called to jury duty.

West Virginia Volunteer Emergency Responder Leave Policy

Employer provides job-protected leave to employees who serve as volunteer emergency responders in response to emergencies.

West Virginia Military Service Leave Policy

You are entitled to up to 30 working days (240 hours) of paid military leave per calendar year for National Guard or reserve component duties, plus an additional 30 days if called to active federal duty. During your paid leave, you will continue to receive your regular salary and benefits. If your military service extends beyond this, you may use accrued annual leave or request unpaid leave. You also have reemployment rights under USERRA if you meet specific conditions, including proper notice, a maximum of five years of cumulative service, and timely return to work.

Privacy

West Virginia Electronic Monitoring Policy

Employee should be advised that all telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage by an employee by any electronic device or system, including but not limited to the use of a computer, telephone, wire, radio or electromagnetic, photoelectronic or photo-optical systems may be subject to monitoring.

Federal Employee Handbook Policies

Regardless of which states you have employees in, there are required federal policies that must be included in your employee handbook. In addition to any state-specific policies, your employee handbook for West Virginia should contain the following federal policies.

• Anti-Harassment Policy
• Anti-Sexual Harassment Policy
• Anti-Retaliation Policy
• Equal Employment Opportunity Policy
• Reasonable Accommodation Policy

Handbook Policy Best Practices

In addition to the required federal policies, the following policies are best practices to include in your employee handbook.

• Prohibited Conduct Policy
• Violations Reporting Policy
• Workplace Violence Prevention Policy
• Weapons Policy
• Disciplinary Action Policy
• At-Will Employment
• Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) Policy