Can my employer deduct from my wages?

Deductions are generally limited to those required by law (taxes, garnishments) or authorized in writing by the employee [§ 21-5-3]. Unauthorized deductions may violate state wage payment laws.

How do I file a wage claim?

You can file a complaint with the West Virginia Human Rights Commission (WVHRC) or the U.S. Department of Labor Wage and Hour Division. An attorney can help determine the best approach for your situation.

Topic guideUpdated 2026-02-27

West Virginia Wage & Hour Claims — Minimum Wage, Overtime & Unpaid Wages

Minimum wage, overtime rules, wage payment requirements, and how to file a wage claim in West Virginia.

West Virginia has specific laws governing minimum wage, overtime, and the payment of wages §21-5-3.

Minimum Wage

$8.75/hr (effective January 1, 2016; above federal minimum wage) §21-5C-2.

Overtime

West Virginia follows federal FLSA overtime rules: 1.5x regular rate for hours over 40 in a workweek; state overtime law mirrors FLSA for most employers §21-5C-3.

Wage Payment Requirements

Final Paycheck Rules

Final wages due by the next regular payday following separation; failure to pay final wages may entitle employee to additional wages as liquidated damages §21-5-3.

Common Wage Violations

Failure to pay minimum wage

Unpaid overtime or misclassification of exempt/non-exempt status

Unauthorized deductions from wages

Failure to pay final wages on time

Misclassification of employees as independent contractors

Off-the-clock work requirements

How to File a Wage Claim

Gather documentation: pay stubs, time records, employment contract, and written communications about pay

File a complaint with the West Virginia Human Rights Commission (WVHRC) or the U.S. Department of Labor

Consider whether your claim falls under state law, the FLSA, or both

Consult with an employment attorney for complex claims or class actions

⚠The Statute of limitations for wage claims is typically 2 years under the FLSA (3 years for willful violations). State deadlines may differ.

✓Keep your own records of hours worked, especially if your employer does not provide accurate time records. Personal logs and calendars can be powerful evidence.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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