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Like numerous other states, West Virginia has established at-will employment laws. This means if they do not have a contract in place and there are no laws specifying otherwise, employers are able to fire employees at any time. Further, they do not have to have a valid reason to do so.
Even though West Virginia doesn't have a law requiring payment of accrued, unused vacation at termination, employers can still be responsible for paying this if there is a company policy that requires it.
May an employer reduce an employee's hourly rate of pay or salary? Yes, as long as minimum wage requirements are met, employers may reduce an employee's hourly rate of pay or salary amount after providing the employee with an advance pay period's written notice of when the change will occur.
The West Virginia Equal Pay Act prohibits private and public employers from paying wages to any employee at a rate less than the rate paid to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills.
Employees regular hours of work in a workweek is 40 hours. West Virginia minimum wage laws require employers to count time spent by employees waiting as hours worked for purposes of its minimum wage and overtime requirements if the employee is, based on the fact, engaged to wait.
For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination.
Upon receiving a written demand, the employer has seven calendar days from receipt to correct the alleged underpayment or nonpayment of the wages and fringe benefits due.