State Regulations: West Virginia
Date Revised: 5/12/2013
| Governing Body: |
West Virginia Department of Health and Human Resources | Office of Environmental Health Services Department of Health and Human Resources | Bureau for Children and Families (for Day Camps) |
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| License Required: | Yes | |
| License Information: |
Camps with food service must be certified by Office of Environmental Health Services. Day camps must be certified if operating more than 30 days per year. West Virginia Food Safety Program |
|
| Criminal Background Checks Required: | Yes | |
| Criminal Background Checks Information: | Licensed Day Care Centers (camps operating more than 30 days) must complete CBCs on employees.
West Virginia State Police |
|
| State Allows FBI Checks: | Yes
Available by contacting the state agency. The cost is $24. |
|
| Driving Record Checks: | Available at the West Virginia Division of Motor Vehicles website.
$5 |
|
| State Sex Offender Registry: | West Virginia Sex Offender Registry | |
| Minimum Wage: | $7.25 per hour | |
| Coverage and Exemptions: | Covers employers that employ during any calendar week 6 or more employees in any one separate, distinct, and permanent location or business establishment, unless 80% or more of the workers are covered by the FLSA; Exemptions: employees of children’s summer camps; those age 62 or over receiving social security payments; volunteers for educational, charitable, religious, fraternal, or nonprofit organizations where there is no employment relationship; employees of a parent, child or spouse; bona fide professionals, executives, and administrators; part-time employees who are students at an accredited school; on-the-job-trainees | |
| Subminimum Wage: | Employees under age 20 must be paid a training wage of $5.15/hour for up to 90 days. Any business that has not been in operation for more than 90 days when the employee is hired may pay the training wage for an additional 90 days. | |
| Minimum Wage Source: | West Virginia Code 21-5C-1 (e, f), 21-5C-2/4 | |
| Overtime Pay Requirements: | 1½ times the regular rate after 40-hour week. County and municipal government employees–compensatory time off in lieu of overtime pay (generally up to 240 hours; up to 480 hours for public safety and emergency response employees), but after reaching compensatory time limit they must be paid overtime. Certain premiums can be credited against overtime pay: (1) premiums for certain hours worked over 8 a day or 40 a week or in excess of employee’s regular working hours; (2) premium pay at not less than time-and-a-half for work on Saturday, Sunday, holidays, regular day of rest or the 6th or 7th day of the workweek; and (3) premium pay set by employment contract or collective bargaining agreement at not less than time-and-a-half for work outside hours set by the contract or agreement as the regular workweek. Overtime requirements not violated if workweek is longer than 40 hours under an individual or union contract, if the employee has irregular work hours and the contract both (1) specifies a regular rate of not less than the minimum wage and overtime pay of not less than time-and-a-half for hours over 40 a week, and (2) gives a weekly guaranty of pay for not more than 60 hours based on the specified rates. If employee agrees, overtime may be paid as follows: (1) to a piece-worker at 1½ times the piece rate applicable to the same work when done during non-overtime hours; (2) to an employee doing 2 or more kinds of work having different hourly or piece rates at 1½ times the rate for the same work when done during nonovertime hours; and (3) 1½ times the rate set by agreement or understanding, which has been authorized by a regulation of the commissioner as being substantially equivalent to the employee’s average hourly earnings, excluding overtime, over a representative period. Additional conditions: (1) the employee’s average hourly earnings for the workweek (excluding payments excluded from the regular rate) must be at least minimum wage, and (2) extra overtime pay must be computed and paid on any additional pay that must be included in employee’s regular rate. | |
| Exemptions: | Those employees exempt from the state minimum wage | |
| Meal/Rest Period Requirments: | Meal period: 20 minutes for 6 hours’ work, unless employee can eat while working; minors-30-minute lunch period if 5 or more hours of work. | |
| Other Wages Source: | West Virginia Code 15-2-5, 20-7-1a, 21-3-10a, 21-5C-1/3, 21-6-7 (a, 7) | |
| Additional Info: | None | |
| * Federal minimum wage rate applies | ||
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