A West Virginia employment contract lets you establish employment terms and conditions. It includes various details like the financial compensation the employer will pay and the employee’s job responsibilities.
In West Virginia, a contract is an agreement between two entities that involves a promise and consideration in exchange for a particular service or procurement [1] .
- Laws: Chapter 21 (Labor)
- Definition of Employee: According to § 21-1A-2, an employee is any individual who’s employed by an employer unless otherwise explicitly stated in this article.
By Type (4)
Independent Contractor Agreement
Records the arrangement between an independent contractor and a client.
Subcontractor Agreement
Outlines an independent contractor's and a subcontractor's collaboration terms.
Non-Disclosure Agreement
Protects confidential exchanges of information between an employee and employer.
Hiring in Virginia
Before hiring employees in West Virginia, you need to be aware of the state laws and regulations.
At-Will Employment
West Virginia is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
The minimum wage in West Virginia is $8.75/hour. This applies to employers of six or more employees at one location [2] .
Child Labor
Employment certificates are required in West Virginia for minors under 16 [3] .
Age certification is not required in West Virginia but is required by law on request for minors 16 and 17.
Payday
West Virginia requires employers to pay employees at least twice a month [4] .
Meal and Rest Breaks
Minimum paid rest periods are not required in West Virginia, but minimum meal periods are. Employees who work six hours or more on a workday must have a 20-minute meal period [5] .
Recordkeeping Requirements
West Virginia employers who have six or more employees must retain employment and payroll records for at least five years unless 80% or more of the employees have coverage under the Fair Labor Standards Act [6] . Employers with fewer than six employees should keep these records for at least two years [7] .
Sample
Below, download a West Virginia employment contract template in PDF or Word format.
