WEST VIRGINIA - Workers’ Rights

Definition of agricultural worker under state law:

The state minimum wage law specifies that “agriculture” is defined as in the federal Fair Labor Standards Act (FLSA). W. Va. Code § 21-5C-1(f).

Wages and Overtime

Minimum Wage

• There is a state minimum wage law. (W. Va. Code §§ 21-5C-1 – 21-C-11)
• Current minimum wage is $8.75/hr. (W. VA. CODE §§ 21-5C-2)
• Agricultural workers are excluded from the state minimum wage. (W. VA. CODE §§ 21-5C-1(f)(11))

Overtime

• There is a state law regarding overtime pay. (W. Va. Code § 21-5C-3)
• Agricultural workers are excluded from the state overtime law. (W. VA. CODE §§ 21-5C-1(f)(11))

State Enforcement Agency

West Virginia Department of Labor, Wage, & Hour Section

Website: https://labor.wv.gov/Wage-Hour/Pages/default.aspx 

Relevant Forms: https://labor.wv.gov/Wage-Hour/More/Pages/Wage-Forms.aspx

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. (W. VA. CODE § 23-1-1. – 23.6.3.) Employers in agricultural service with 5 or fewer employees are not required, but may choose to subscribe to, a workers’ compensation fund. (W. Va. Code § 23-2-1)

State Enforcement Agency:

West Virginia Offices of the Insurance Commissioner

Website: https://www.wvinsurance.gov/Workers-Compensation

Relevant Forms: https://www.wvinsurance.gov/Workers-Compensation/Forms-WC

Field Sanitation

• There is no state law regarding field sanitation.

Federal Enforcement Agency:

US DOL, West Virginia OSHA Office

Website: https://www.osha.gov/contactus/bystate/WV/areaoffice

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture, governing registration, use and training. (W. Va. Code §§ 19-16A-1 – 19-16A-27 and W. VA. CODE R. § 61-12A-6)
• Suspected pesticide poisoning is not a reportable illness for health care providers. 

State Enforcement Agency:

West Virginia Division of Agriculture

Website: https://agriculture.wv.gov/divisions/regulatoryandenvironmental/pesticides/Pages/default.aspx

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• West Virginia is a “right to work” state (W. Va. Code § 21-5G-2), meaning no person can be compelled to join a union as a condition of employment or be required to pay union dues.
• There is a state statute granting workers the right to form or join a labor organization and to engage in collective bargaining (W. VA. CODE § 21-1A-3.), but agricultural workers are excluded. The state’s Labor-Management Relations Act for the Private Sector does not apply to an individual employed in the production of agricultural products or the processing or marketing of agricultural products. (W. VA. CODE § 21-1A-2(a)(3))

State Legal Services Organizations

Legal Aid of West Virginia, Inc.

http://www.lawv.net/Home/PublicWeb