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Women are
26%
more likely to
live in poverty
than white men in
West Virginia
Single-woman led households are at the
highest risk
of poverty in
West Virginia
In
West Virginia
, women earn
$0.77
for every dollar a white man makes
Women in
West Virginia
are
49%
more likely to earn
minimum wage
than white men
Women in
West Virginia
are
54%
more likely to earn a
tipped wage
than white men
In
West Virginia
, at least
72%
of women are essential to the financial security of their household
The law prohibits an employer from discriminating between the sexes in paying wages for work of comparable character requiring comparable skills.[1] Any employer who discriminates in pay or hours because of race, religion, color, national origin, ancestry, age, or sex is guilty of a misdemeanor and, if guilty, must pay a fine between $250 and $1,000 and/or serve up to one year in county jail.[2]
Affirmative Defenses: Employers may assert that payment is made pursuant to a seniority or merit system that does not discriminate on the basis of sex or in good faith on factors other than sex.[3]
Retaliation: Employers are prohibited from unlawfully retaliating against employees.[4]
[1] W.Va. Code § 21-5B-3 (1)(a)-(b).
[2] W.Va. Code § 21-5C-7 (b).
[3] W.Va. Code § 21-5B-3 (2).
[4] W.Va. Code § 55-7E-2 (a)(2).
Yes. West Virginia’s equal pay law require equal pay for “work of comparable character” instead of for “equal work” and it covers a broader set of protected classes.
No. There is a bill, introduced January 2024, that would require employers to provide to a job applicant the range of wages, benefits, and other compensation to be provided for the position for which the applicant applied.
No. West Virginia does not limit the use of salary history in hiring and setting pay. Legislation was introduced in the Virginia House of Representatives in 2019 to amend the Code to prevent employer use of salary history in hiring and setting pay.[1]
[1] H.B. 2308, 2019 Reg. Sess. (W. Va. 2019).
No. Under West Virginia law, employers are permitted to prohibit employees from discussing their pay. In recent years, bills have been introduced in both the West Virginia Senate[1] and West Virginia House of Representatives[2] to amend the West Virginia Code to permit employees to discuss their wages without employer interference. Federal law covers many employees with respect to discussions around pay.
[1] S.B.43, 2021 Reg. Sess. (W. Va. 2021).
[2] H.B.2308, 2019 Reg. Sess. (W. Va. 2019).
No. West Virginia currently does not mandate collection of gender-based pay data.
Yes. West Virginia’s minimum wage exceeds the federal minimum wage with certain exemptions including employers who do not maintain 6 non-exempt workers in any one location.[1]
[1] W.Va. Code § 21-5C-2 (a)(5); W. Va. Div.of Lab., Minimum Wage & Maximum Hours, https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/default.aspx.
No. West Virginia maintains a separate tipped wage for certain categories of workers.[1]
[1] W.Va. Code § 21-5C-1 (f).
Yes. West Virginia statute requires employers to pay employee wages at least twice a month, with no more than 19 days between paydays.[1]
[1] W.Va. Code § 21-5-3 (a).
Yes. West Virginia statute requires every person, firm and corporation to notify its employees in writing, at the time of hiring of the rate of pay.[1]
[1] W.Va. Code § 21-5-9 (1).
Yes. Employers must pay most employees overtime pay at a rate of at least time and a half for hours worked beyond 40 in the same seven consecutive day work week.[1] The state law covers occupations excluded from federal protections under theFair Labor Standards Act.[2]
[1] W.Va. Div. of Lab., Overtime Wages Fact Sheet 2, (2016), https://labor.wv.gov/Wage-Hour/Minimum_Wage/Documents/Fact%20Sheets/FACT%20SHEET%202%20-%20OVERTIME%20REQUIREMENTS.pdf.
[2] Id.
Yes. Employees subject to wage theft are entitled to restitution of wages and employers that fail to pay wages are subject to various penalties, including enhanced penalties of damages on up to 200 percent of unpaid wages.[1] Employers are prohibited from unlawfully retaliating against employees.[2]
[1] W.Va. Code § 21-5-4 (e).
[2] W.Va. Code § 55-7E-2 (a)(2).
