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


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

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

Federal Enforcement Agency:

US DOL, West Virginia OSHA Office

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

Pesticide Safety

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

State Legal Services Organizations

Legal Aid of West Virginia, Inc.