FAQ: Wage & Hour Laws in West Virginia

Our seasoned lawyers at Hoosier Law Firm, PLLC are committed to serving workers from all backgrounds and industries. We proudly take on a wide range of employment law cases and strive to provide each of our clients with top-notch legal representation throughout each phase of the legal process. Our goal is to ensure hardworking men and women aren’t taken advantage of by unscrupulous and greedy employers. That is why we are here to help you pursue justice if you believe your employer has violated your rights. Keep reading to learn the answers to common questions we are asked about wage and hour laws in the state of West Virginia.

Question #1: What is the minimum wage in West Virginia?

A: Starting January 1, 2020, the minimum wage in West Virginia is $9.50 per hour. This amount will increase to $10.25 per hour in 2021.

Question #2: Am I entitled to overtime pay?

A: Eligible employees are entitled to overtime pay if they work more than 40 hours in a week. However, not every type of job is eligible for overtime pay. This is why you should consult with our lawyers at Hoosier Law Firm, PLLC to discuss your job situation so we can determine if you can sue your employer for unpaid wages.

Question #3: What is the Wage & Hour Division?

A: West Virginia’s Division of Labor has a “Wage & Hour Section” that oversees and investigates employee complaints regarding late or unpaid wages and benefits. Investigative and legal services at the Wage & Hour Division are free of charge. The majority of claims investigated by this office involve violations of the Wage Payment & Collection Act (WPCA).

Question #4: Can independent contractors use the Wage & Hour Division?

A: Unfortunately, independent contractors cannot take advantage of the services offered by the Wage & Hour Division. Instead, independent contractors must take their claims to the magistrate or circuit court. Sometimes it’s hard to tell if you are an “employee” or an “independent contractor.” Our lawyers can assess your case and determine which category you fall into.

Do you have more questions about wage and hour laws in West Virginia? Then don’t hesitate to get in touch with our lawyers at Hoosier Law Firm, PLLC. Call (800) 455-8721 today to schedule a case consultation with our legal professionals.