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Legal Information

Wages & Hours: Common Questions

Wage Issues

Last updated on 05/26/2021 at 4:33 pm

I think I have been paid less than the minimum wage. How do I know and can I do anything about that?

What does the Wage & Hour Division of the West Virginia Division of Labor do?

Can anyone get help from Wage & Hour to collect unpaid wages?

Can the Wage & Hour Section help me with unfair job termination?

My employer told me they could fire me for any reason they want because my employment is “at-will.” What is “at-will” employment?

Can the Wage & Hour Section help me with a hostile work place?

Does the Wage Payment & Collection Act cover employee seniority rights?

Does the Wage Payment & Collection Act require that I receive an automatic cost of living increase each year after receiving a favorable evaluation?

Can my employer reduce my hourly rate of pay?

If my employer sends me home after arriving to work or changes my schedule without prior notice, am I entitled to receive show-up or call-out pay?

Can I be fired for not reporting to work when the governor has issued a state of emergency?

If my employer closes his business due to weather or other unforeseen circumstances and does not allow me to work, am I entitled to payment for the hours that I wasn't allowed to work?

How often should I receive a paycheck?

How do I know if my employer has been given a special agreement?

What if the company does not have an agreement with the commissioner and I still don't get paid every two weeks?

Who decides when payday will be?

What if my paycheck is late?

When should I receive my “final wages,” after my job ends?

What if the deadline has passed but still I haven't been paid my final wages?

What if my employer paid me but not within the time frame stated in the schedule?

Is unused vacation to be included with final wages?

Is an employer allowed to withhold wages because the employee failed to turn in a uniform or key?

Is an employer required to provide vacation and sick leave benefits to his employees?

Does an employer have the option of changing its fringe benefit policy?

What if I have unused benefits coming to me when the fringe benefit policy is changed?

Can an employer pay out unused benefits to some employees when they leave the company and not to others?

Does State law require employers to provide employees with any type of a lunch or rest break?

What if I'm provided a twenty minute lunch period but I have to take phone calls or perform other work duties during that time? Is the break still unpaid?

My employer wants to give me my break immediately when my shift starts. Are there any guidelines that require the twenty minute break to be given after a certain number of hours worked?

If I work more than twelve straight hours, does that mean I'm entitled to two twenty minute breaks?

What do I do if my employer is not following these guidelines?