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How to Hire Employees In West Virginia

Hiring in West Virginia for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in West Virginia:

Establishing a local entity: Creating a legal entity in West Virginia allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with West Virginia’s labor laws, helping you hire in West Virginia without navigating the complex legal landscape yourself.
Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet West Virginia’s labor regulations while offering competitive employee benefits.
Hiring independent contractors: Hiring independent contractors can be more cost-effective, but West Virginia has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in West Virginia.

Complying with West Virginia specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in West Virginia, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

As of 2024, West Virginia has an estimated population of approximately 1.75 million residents.

The state's economy is traditionally rooted in industries like coal mining and manufacturing, but there has been a growing emphasis on sectors such as healthcare, education, and tourism in recent years.

Healthcare and social assistance have become leading employment sectors, reflecting a nationwide trend towards increased demand for healthcare services.

West Virginia mandates that employers provide a 20-minute meal break for employees working six or more consecutive hours, ensuring workers have adequate rest during longer shifts.

Key Things to Know About Hiring in West Virginia

Labor Laws in West Virginia

Working Hours in West Virginia

West Virginia has specific employment and labor laws governing working hours, designed to protect employees’ rights and ensure fair compensation. Whether you’re hiring local employees or working with an Employer of Record (EOR), it's essential to understand the state's regulations around working hours to ensure compliance.

1. Standard Workweek and Overtime

Standard Work Hours: The typical workweek in West Virginia consists of 40 hours, with employees generally working 8 hours per day over a 5-day workweek.
Overtime: Employees are entitled to overtime pay at a rate of 1.5 times their regular pay for hours worked beyond 40 in a workweek. Exemptions apply based on job duties and salary thresholds.
Hospital and Residential Care Employees: These employees may adopt a 14-day work period instead of the standard 7-day workweek, with overtime paid after 80 hours worked in this period.

2. Meal and Rest Breaks

Meal Breaks: Employers must provide a meal break of at least 20 minutes for employees who work six or more consecutive hours.
Rest Breaks: While not required under state law, short rest breaks (5-20 minutes) provided by employers are compensable work hours under federal law.

Minimum Wage in West Virginia

As of 2024, the minimum wage in West Virginia is $8.75 per hour. This rate applies uniformly across the state, with no regional variations.

Overtime in West Virginia

Non-exempt employees in West Virginia are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for hours worked over 40 in a single workweek. Certain employees, such as those in executive, administrative, or professional roles, may be exempt from overtime provisions based on their job duties and salary levels.

Onboarding New Hires in West Virginia

We can help you get your new employee started in West Virginia fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Taxes For West Virginia

Payroll taxes in West Virginia are deductions employers must take from employees’ wages and remit to the state. These taxes fund various state programs and services, including unemployment benefits and disability insurance. Examples of payroll taxes include:

State Income Tax: A progressive tax ranging from 3% to 6.5%, based on income levels.
State Unemployment Insurance (SUI): Rates range from 1.5% to 8.5% on the first $9,521 of each employee's wages, with new employers typically starting at 2.7%.
Federal Unemployment Tax Act (FUTA): The effective rate is 0.6%, considering a credit of up to 5.4% for timely state unemployment tax payments.

Payroll Cycle in West Virginia

West Virginia law does not mandate a specific payroll frequency. Employers commonly pay employees weekly, bi-weekly, or semi-monthly. Employers should establish a consistent pay schedule and comply with any industry-specific regulations, ensuring wages are paid within a reasonable time after the pay period ends.

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West Virginia Employment Taxes

Employment taxes and statutory fees affect both payroll and employee paychecks in West Virginia. Employers must understand their obligations to operate successfully in the state’s business landscape.

Employer Tax Contributions

Employers in West Virginia are responsible for taxes such as State Unemployment Insurance (SUI), Federal Unemployment Tax Act (FUTA), and FICA taxes. These obligations contribute to state programs like unemployment benefits and social insurance.

Employer payroll contributions are generally estimated at an additional 10% - 17% on top of the employee salary in West Virginia.

Employment Tax Type	Tax Rate
State Unemployment Insurance (SUI)	1.5% - 8.5%
Federal Unemployment Tax Act (FUTA)	0.6% (after credits)
FICA Taxes	7.65%

Employee Tax Contributions

Employee tax contributions are generally estimated at 10% - 12% of employee salary in West Virginia.

Employee Payroll Tax Contribution	Tax Rate
State Income Tax	3% - 6.5%
Federal Income Tax	Varies by federal brackets
Social Security Tax	6.2%
Medicare Tax	1.45% (+0.9% for earnings over $200,000)

The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in West Virginia tailored to your needs.

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Benefit Requirements for Employers in West Virginia

Employers in West Virginia must provide mandatory benefits, including workers' compensation and unemployment insurance, while complying with federal and state laws. For additional information, visit Playroll’s Global Benefit Packages.

Employee Benefits For West Virginia

Competitive benefits are essential for attracting and retaining top talent in Wisconsin. Offering the right package helps employees feel valued and motivated. Our benefits experts understand the local labor market's trends, requirements, and expectations, ensuring your employees feel valued and supported. Common benefits in our Wisconsin packages include:

Pension or 401(K)
Vision Insurance
Life Insurance
Medical Insurance
Dental Insurance
Health Savings Plan (HSA)
Flexible Spending Account (FSA)

Paid and Unpaid Leave Policies in West Virginia

Family and Medical Leave

Eligible employees can take up to 12 weeks of unpaid, job-protected leave annually under FMLA for specific family and medical reasons.

Sick Leave

There is no state mandate for private employers to provide paid sick leave. Employers offering it must comply with their policies.

Vacation Leave

Employers in West Virginia are not required to provide vacation leave. Those who do must adhere to their policies.

Jury Duty Leave

Employers must provide unpaid leave for jury duty, ensuring job reinstatement post-service.

Voting Leave

Employers must provide up to three hours of paid leave to vote, provided employees request it in advance.

It’s Easy To Manage Benefits For Employees In West Virginia With Playroll

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Employment Termination Protocols in West Virginia

Hiring Employees in West Virginia with an employer of record

Discuss how an EOR handles onboarding, including setting up compliant employment contracts, registering for taxes, and managing benefits like West Virginia's superannuation system (if applicable).

The employer of record is responsible for:

Employment Compliance: Ensure all employment contracts comply with West Virginia's labor laws and regulations, including proper classification of employees.
Payroll Management: Calculate, process, and distribute employee salaries in accordance with West Virginia's payroll laws, including deductions for taxes and social security contributions.
Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with West Virginia's legal requirements.
Benefits Administration: Provide mandatory employee benefits as required by West Virginia's labor laws, such as health insurance, pension contributions, and statutory leave.

Employer of Record for West Virginia

Guide to Hiring Employees in West Virginia