The Most Dependable Employer-of-Record Services in West Virginia
Looking to hire top talent and build your dream team in West Virginia without the hassle of managing payroll, tax compliance, and HR administration? At HR Options, we take the burden off your shoulders with our comprehensive employer-of-record services to ensure your business stays compliant with state regulations and streamline your hiring process.
With extensive experience and specialized expertise, we handle everything from employee onboarding to payroll processing. Our intuitive online platform provides real-time updates and detailed reports to give you full visibility into your workforce. Whether you’re looking for local employees or remote talent, you can count on us to hire skillful employees and grow your business!
Streamline Hiring with West Virginia’s Trusted HR Services
Managing the hiring process and employment logistics can be complex, but HR Options makes it simple. Our EOR specialists help businesses of all sizes manage the entire recruitment and employment process. Whether you need short-term staff or a long-term workforce, we are always here to help. Our dedicated HR services include:
- On-boarding
- Off-boarding
- Payroll Processing
- Tax compliance
- Timesheet collection
- Complete HR support
- Managing employee relations
- Other aspects of the employment cycle
Valuable Benefits for Employees in West Virginia
At HR Options, we create competitive benefits packages to help businesses attract and retain top talent in West Virginia. An impactful employer of record benefits plan keeps employees engaged, motivated, and committed to your organization. We work closely with your business to develop a customized package that helps you develop a supportive and rewarding workplace. Depending on your company’s policies, our benefits packages may include:
- Life Insurance
- Medical Insurance
- Vision Insurance
- Dental Insurance
- Long-Term Disability Insurance (LTD)
- Health Savings Accounts (HSA)
- Flexible Spending Accounts (FSA)
- Pension or 401(k) Retirement Plans
Essential Employment Information for West Virginia
Looking for reliable employer-of-record services in West Virginia? Here’s some essential employment information we think you should know:
What is the Minimum Wage Rate in West Virginia?
As of 2025, the minimum wage in West Virginia is $8.75 per hour for employers with six or more employees at a single location. Businesses with five or fewer employees follow the federal minimum wage of $7.25 per hour. The base wage for tipped employees is set at $2.62 per hour. Certain industries may have unique wage regulations. Employers should stay updated with the West Virginia Division of Labor to ensure compliance with all applicable wage laws.
What is Considered Full-Time Employment in West Virginia?
In West Virginia, full-time employees work between 30 and 40 hours per week. The Affordable Care Act (ACA) considers employees full-time if they work at least 30 hours per week. However, employers may set their policies regarding full-time status and benefits eligibility. Employees should check their company’s guidelines to understand how full-time classification impacts benefits, work schedules, and overtime pay.
What Is Considered Part-Time Employment in West Virginia?
In West Virginia, part-time employment generally refers to roles where employees work fewer than 30 hours per week. However, no specific state law defines part-time status, so employers can set their own criteria based on business needs. While part-time employees may not qualify for health insurance or retirement plans, some companies offer flexible schedules or pro-rated benefits to attract and retain talent.
While part-time employees may not always qualify for benefits such as health insurance or retirement plans, some companies offer perks like flexible scheduling or pro-rated benefits to attract and retain talent. Employees can review their employer’s policies to understand eligibility for benefits.
How Do Employees Get Paid Overtime in West Virginia?
West Virginia follows the federal Fair Labor Standards Act (FLSA), which requires employers to pay 1.5 times the regular hourly rate for any hours worked beyond 40 per week. Some positions may be exempt from overtime, depending on job type or industry. Employees must check their employers’ overtime policies to ensure they receive proper compensation for additional hours worked.
How Long Does Onboarding Take in West Virginia?
In West Virginia, our onboarding process typically takes 2 business days after collecting all the required information. For non-U.S. citizens, work eligibility verification may take up to 3 additional days. Our employer-of-record (EOR) specialists ensure a fast and efficient onboarding process for businesses.
What is the Payroll Cycle in West Virginia?
Under West Virginia state law, employers must pay employees at least twice a month. For remote customers, employers issue payments in two equal installments. They typically send the first payment on the 15th of the month and the second on the final day. The second installment includes bonus payments, commissions, and expense reimbursements, if applicable.
- Have at least 25 employees
- Have operated for at least two years
- Do not already offer a qualified retirement plan
Employers who fail to enroll employees in a retirement plan face a $200 fine per employee per year. RetirePath Virginia automatically deducts a portion of employees’ wages into an IRA to help them save for retirement.
Are Employers Required to Offer 401(k) in West Virginia?
West Virginia has no state law mandating that employers offer a 401(k) or similar retirement plan. However, some companies in the state provide these benefits to remain competitive, attract skilled employees, and support long-term financial security.
Are Employers Required to Provide Health Insurance in West Virginia?
The federal Affordable Care Act (ACA) requires employers with 50 or more full-time employees to provide qualified health insurance. Many West Virginia businesses offer additional health insurance options that guarantee employees get routine care and emergency coverage. As a trusted employer-of-record service provider, we provide consistent benefits to every employee and promote fair hiring practices.
Details of New Hire
Paperwork Requirements in West Virginia
When hiring employees in West Virginia, employers must collect several important documents to ensure compliance with state and federal regulations. These forms are essential for smooth onboarding and legal compliance. Here are the required documents:
Form W-4
All new employees must complete and sign the IRS Form W-4 before their start date. This form helps you calculate the correct federal income tax withholding and ensure accurate deductions from each paycheck.
Form WV IT-104
Obtain this form from new hires to determine the proper West Virginia state income tax withholding from their pay. Employees must complete this form and update it whenever their tax situation changes.
I-9 Form
New hires must complete Form I-9 to verify their identity and employment eligibility in the United States.New hires must complete Form I-9 to verify their identity and employment eligibility in the United States.
Workers' Compensation Notice
Provide every new hire with a written notice detailing their rights under West Virginia's workers' compensation laws. Explain coverage details, benefit options, and the steps to report work-related injuries.
Virginia New Hire Reporting Form
Virginia employers must report all new hires to the Virginia New Hire Reporting Center within 20 days of the employee’s start date.
Local Requirements
Follow additional paperwork requirements for new hires in Flagstaff.
Additional Recommended Documents
Employee Handbook
Provide a copy of the employee handbook that outlines company policies, procedures, and available benefits.
List of Contacts
Provide a list of key contacts to help new employees quickly reach out for support or answers to questions.
Direct Deposit Authorization Form
Use this form to collect banking details, such as bank name, account number, and routing information, to set up direct deposit.
Emergency Contact Form
Ask new hires to provide emergency contact information for quick responses in urgent situations.
Confidentiality and Non-Disclosure Agreements
Require employees in sensitive roles to sign agreements that protect company data and trade secrets.
Job Offer Letter
Deliver a formal job offer letter that clearly outlines the start date, job role, salary, and benefits
Employment Taxes in West Virginia
Employment taxes and statutory fees affect West Virginia employees’ overall payroll. Here’s a clear breakdown of known taxes in this state:
Employer Taxes
| Employment Tax | Tax Percentage |
|---|---|
| FICA (Medicare) | 1.45% |
| FICA (Social Security | 6.2% |
| State unemployment insurance tax (SUTA) | 1.5% to 8.5% |
| Federal unemployment insurance tax (FUTA) (charged on the first $7,000 earnings per year of an employee) | 6% |
Employee Taxes
| Tax Type | Tax Percentage |
|---|---|
| FICA (Medicare) | 1.45% |
| FICA (Social Security | 6.2% |
| Federal income tax | 10% to 37% |
| State income tax | 2.36% to 5.12% |
Important Leave Laws in West Virginia
| Leaves Title | Law |
|---|---|
| Sick Leave | West Virginia law does not require employers to offer paid sick leave. However, employers may provide sick leave benefits to support employee health.West Virginia law does not require employers to offer paid sick leave. However, employers may provide sick leave benefits to support employee health.West Virginia law does not require employers to offer paid sick leave. However, employers may provide sick leave benefits to support employee health. |
| Bereavement Leave | MosNo state law mandates bereavement leave in West Virginia. Employers decide whether to provide bereavement leave based on company policies.t private employers in Virginia are not required to provide paid sick leave. However, the state mandates that employers do so for home health workers, who must accrue at least 1 hour of paid sick leave for every 30 hours worked. |
| Blood/Bone Marrow/Organ Donation Leave | West Virginia has no mandatory law about the leave for blood, bone marrow, or organ donation. Employers may choose to offer this benefit voluntarily. |
| Crime Victims' Leave | This state has no law that requires employers to grant leave for crime victims. However, employers can offer leave for violent crimes based on their regulations. |
| Court Attendance/Witness Leave | West Virginia law does not mandate leave for court attendance or witness duties. Employers allow employees time off to fulfill these responsibilities. |
| Domestic/Sexual Violence Victims' Leave | No state law requires leave for victims of domestic violence, sexual assault, or stalking. Employers can provide leave to support affected employees. |
| Election Officials' Leave | UndeThis state does not require employers to grant leave for election officials. However, employers may offer leave to employees serving in these roles.r state law, all employers must provide leave for employees serving as election officials on election days. |
| Family and Medical Leave | West Virginia does not have a mandatory family and medical leave law. However, under the Family and Medical Leave Act (FMLA), eligible employees can get up to 12 weeks of unpaid, job-protected leave each year. Employees must work for at least 12 months and log more than 1,250 hours in the previous year. The law applies to employers with 50 or more employees within a 75-mile radius. |
| Family Military Leave | No state mandate exists for family military leave. Some employers provide leave to support employees with military family obligations. |
| Jury Duty Leave | Under the state law, employers must allow employees to serve on jury duty. They cannot penalize or terminate employees for fulfilling their civic duty. |
| Legislative/Political Leave | Employers with six or more full-time employees must offer leave for employees engaged in legislative or political activities. |
| Military Service/Veterans' Leave | All employers must provide leave for military service, including active duty and training. USERRA mandates that employers should grant leave for Civil Air Patrol training (up to 10 days) and missions (up to 30 days). |
| School Activities/Visitation Leave | No state law requires leave for school activities or visitation. However, employers can offer leave to support employee family needs. |
| Volunteer Emergency Responder Leave | All employers must provide leave for employees serving as volunteer emergency responders, such as firefighters or EMTs. |
| Voting Leave | Under the state law, all employers must allow employees a reasonable amount of time off to vote in elections. |
| Pregnancy Disability Leave | This state does not mandate pregnancy disability leave. Federal protections under the PDA and FMLA apply to pregnant employees. |
| Public Health Emergency (Quarantine/Isolation) Leave | West Virginia does not mandate leave for public health emergencies. Employers may follow federal guidelines during such events. |
Comprehensive Employment Termination Details
Probation Period
West Virginia law does not require employers to have a probation period for new hires. Many companies implement a trial period to check if a new employee is a good fit. This period usually lasts 3 to 6 months, but some companies may choose a different length based on their rules.
Termination Process
West Virginia follows the "at-will" employment rule, which means either employee or employer can terminate the employment with or without cause. However, employers must ensure that terminations are not discriminatory or retaliatory, as the law protects employees from unjustified termination. Our EOR service professionals at HR Options can assist you in managing the termination process to reduce the risk of legal disputes.
Notice Period
Employers or employees are not legally required to give notice before ending employment unless specified in a contract. However, it is common practice for employees to offer a two-week notice period when resigning.
Severance and Final Pay
In West Virginia, severance pay is not a law unless mentioned in an employment contract or company policy. However, employers must pay any unused vacation or paid time off (PTO).
New Hire Reporting
Employers must report all new hires and rehires to the New York Department of Taxation & Finance within 20 days of the employee's start date. This report should include the employee’s full legal name, date of birth, address, start date, and social security number.
Local Requirements
Follow additional paperwork requirements for new hires in Flagstaff.
Which Laws Apply to Your Organization?
In the United States, each state has its own laws governing the relationship between employers and employees. Businesses must comply with these regulations to ensure security and avoid penalties. At HR Options, our EOR specialists help you navigate and adhere to state and federal employment laws that apply to your organization. Here are some of the key regulations that may affect your business in West Virginia:
| Law | Applies To | Description |
|---|---|---|
| West Virginia Human Rights Act | Employers with 12+ employees | This law prohibits discrimination based on race, color, religion, national origin, disability, age, and other characteristics. |
| Equal Pay Act | All employers | Mandates equal pay for men and women performing similar work. However, exceptions are allowed for seniority or merit systems. |
| Minimum Wage Law | All employers | It sets the minimum wage at $8.75 for employers with 6+ employees and $7.25 for smaller employers. Tipped employees must earn at least $8.75 per hour, with a base wage of $2.62. |
| Overtime Pay Law | All employers | Requires overtime pay for non-exempt employees who work over 40 hours per week or more than 8 hours in one day. |
| Wage Payment Laws | All employers | Mandates timely and accurate payment of wages, protecting workers from wage theft and ensuring they receive earned compensation. |
| Final Paychecks | All employers | When an employee separates from work, employers must pay all final wages by the next regularly scheduled payday. |
| Right to Organize | Employers with unionized workforces | Protects employees’ rights to join unions, collectively bargain, and engage in labor actions under federal law. |
| Voting Leave Law | All employers | Requires employers to provide up to 3 hours of paid leave for employees to vote, if necessary. |
| Workers' Compensation Law | Employers with 1+ employees | Provides benefits such as medical care and wage replacement for employees who suffer work-related injuries or illnesses. |
| Meal Breaks Law | Employers with non-exempt employees | This law mandates a meal break of at least 20 minutes for employees working 6 hours or more and requires minors working more than 5 hours to get at least a 30-minute meal break. |
| Family Medical Leave Act (FMLA) | Employers with 50+ employees | According to the Family and Medical Leave Act (FMLA), eligible employees can get up to 12 weeks of unpaid, job-protected leave each year. Employees must work for at least 12 months and log more than 1,250 hours in the previous year. The law applies to employers with 50 or more employees within a 75-mile radius. The FMLA covers personal illness, caring for a family member with a serious health condition, or the birth/adoption of a child. |
| Occupational Safety and Health Act (OSHA) | All employers | Requires employers to maintain a safe workplace by eliminating health hazards and ensuring employee safety, with strict regulations in West Virginia. |
| Clean Indoor Air Act | All employers | Smoking in enclosed public spaces and workplaces is prohibited to promote a healthier work environment. |
| Paid Time Off (PTO) / Vacation Leave | Employers (by company policy) | No law requires vacation leave. Employers can offer paid or unpaid vacation, design accrual systems, set caps, and may use “use-it-or-lose-it” policies. |
| Uniformed Services Employment and Reemployment Rights Act (USERRA) | All employers | Federal USERRA protects employees called to active duty by providing unpaid leave, job reinstatement rights, and continuation of group health benefits. |
| West Virginia Termination Law | All employers | This state follows an at-will employment rule, which means employers can terminate employees at any time if the reason is not discriminatory or retaliatory unless a written contract exists. |
| West Virginia Whistleblower Protection Law | All employers | Protects employees from being fired or discriminated against for filing or participating in discrimination complaints and proceedings. |
| West Virginia Background Check Law | Employers in regulated sectors | Adherence to the Fair Credit Reporting Act is required when conducting background checks, especially in healthcare, childcare, and similar fields. |
| West Virginia COBRA | Employers with 20+ employees | In West Virginia, federal COBRA applies and offers a limited mini-COBRA for disability insurance continuation up to 18 months after a layoff. |
| West Virginia Social Media Law | All employers | It prohibits asking for personal social media passwords, requiring access to personal accounts at work, or forcing employees to add the employer on social media. |
Want to Optimize Your Recruitment Strategy?
Speak with our EOR specialists for the most reliable employer-of-record services and HR solutions to hire top talent and grow your business.