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What a West Virginia business has to have in writing

West Virginia has no OSHA state plan covering private employers, since the state program reaches only public agencies.

What it does have is a dense wage-and-hour layer, including a written notice of pay rate and paydays at hire, a wage bond that newer employers in covered industries must post before starting work, an in-state hiring affidavit on public projects, and a written drug-testing policy for employers that use the Safer Workplaces Act.

The Parental Leave Act reaches only state agencies and county boards of education, so private employers fall back on federal FMLA.

Insurance licensees have carried a written customer information safeguards program since 2003, though the state has not adopted the newer NAIC data security model, and suppliers selling hosted software to state agencies sign the Office of Technology's data protection addendum.

West Virginia has a rule of its own in 6 of the 14 areas, listed below. In 2 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so those are not shown yet. The remaining 6 areas we have not checked yet.

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West Virginia rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether West Virginia has a rule of its own on top. The federal rules every employer carries follow the West Virginia rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by
Breach of Security of Consumer InformationW. Va. Code §§ 46A-2A-101 through 46A-2A-105 #Any individual or entity that owns or licenses computerized data containing personal information about West Virginia residents; entities already following GLBA or HIPAA breach rules are treated as compliantDistribute + ack
Notice
Investigate the incident and, without unreasonable delay, write and send notice to every West Virginia resident whose unencrypted personal information was accessed and acquired and whose data is reasonably likely to be misused, describing the incident in general terms, the data types involved, the response steps, and the credit bureau and FTC contacts. When more than 1,000 residents get notice at once, tell the nationwide consumer reporting agencies about the timing and distribution.
From the first employee
West Virginia Attorney General under the Consumer Credit and Protection Act
AuthorityWest Virginia Legislature - W. Va. Code § 46A-2A-102West Virginia Legislature - W. Va. Code § 46A-2A-101 (definitions)West Virginia Attorney GeneralReport an error

State Vendor Security Program 1Certification a vendor needs before selling cloud services to the state

LawProduceWhat it requiresTriggerEnforced by
West Virginia Office of Technology supplier security requirements (GovRAMP participating state)W. Va. Code § 5A-6; WVOT-PO1001 Information Security Policy; WVOT-PO1025 Assessment and Authorization Policy; WVOT-PO2001 Supply Chain Risk Management Policy; Data Protection Addendum for Procurement #Suppliers of software, cloud and hosted services to West Virginia executive branch departments, agencies and commissionsCertify
Certification
Accept the Office of Technology's Data Protection Addendum, which replaced the state's cloud software-as-a-service procurement addendum, and meet the CIO's information security, supply chain risk management, data classification and assessment-and-authorization policies before an agency contract is approved. Contracts also run through the CIO review and approval process. West Virginia has been a GovRAMP participating government organization since 2023, so a GovRAMP status is the reusable way to evidence the controls.
From the first employee
West Virginia Office of Technology (Office of the State Chief Information Officer)
AuthorityWest Virginia Office of Technology - Policies and StandardsWest Virginia Office of Technology - Vendor ResourcesWest Virginia Office of Technology - Cyber SecurityReport an error

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by
Required workplace postersW. Va. Code chapter 21 (Division of Labor postings); chapter 21A (unemployment); chapter 23 (workers' compensation) #Every West Virginia employerPost
Posting
Display the Division of Labor poster set where employees can see it: the minimum wage requirements poster and the Wage Payment and Collection Act poster for all employers, plus the Nurses Overtime and Patient Safety Act poster in hospitals. Add the WorkForce West Virginia unemployment notice, the workers' compensation notice and the federal Department of Labor posters.
From the first employee
West Virginia Division of Labor
AuthorityWest Virginia Division of Labor - Required PostersWorkForce West VirginiaReport an error

Licensing and Certifications 1Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by
Business Registration Certificate and entity filingW. Va. Code chapter 11 article 12 (business registration tax); chapter 31D and 31B (corporations and LLCs) #Every person or entity engaging in business activity in West VirginiaFile
Filing / record
Apply for a Business Registration Certificate from the State Tax Department before starting business and display it at each location, file the entity formation or foreign qualification with the Secretary of State, appoint a registered agent, and file the annual report each year. The One Stop Business Portal takes the tax, Secretary of State, WorkForce and workers' compensation registrations in one pass.
From the first employee
West Virginia State Tax Department; West Virginia Secretary of State
AuthorityWest Virginia State Tax Department - BusinessWest Virginia Secretary of State - Business and LicensingWest Virginia One Stop Business PortalReport an error

Other Written Policies 4Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by
Wage Payment and Collection Act notice of pay and benefitsW. Va. Code § 21-5-9 #Every West Virginia employerDistribute
Notice
Tell every employee in writing at the time of hiring what the rate of pay is and on what day and at what place wages will be paid, notify employees in writing or by posted notice of any change before it takes effect, put the employer's fringe benefit policies in writing and make them available to employees, and give an itemised statement of deductions each pay period.
From the first employee
West Virginia Division of Labor, Wage and Hour Section; private civil action
AuthorityWest Virginia Division of Labor - Wage and Hour SectionWest Virginia Legislature - W. Va. Code § 21-5-9West Virginia Division of Labor - Required PostersReport an error
Verifying legal employment status of workersW. Va. Code chapter 21 article 1B #Every West Virginia employerFile
Filing / record
Verify each new employee's legal authorization to work in the United States before employment begins, keep the supporting documentation in the personnel record for the period the Division of Labor requires, and produce it on request during an investigation. Knowingly employing an unauthorised worker carries civil penalties and can suspend or revoke the employer's business license.
From the first employee
West Virginia Division of Labor
AuthorityWest Virginia Division of Labor - Verifying Legal Employment Status of WorkersWest Virginia Division of Labor - Statute and Legislative RuleReport an error
Safer Workplaces Act (written drug and alcohol testing policy)W. Va. Code chapter 21 article 3E #Any private employer that chooses to test employees or applicants for drugs or alcohol; the act is voluntary but sets the conditions for lawful testingWrite
Written policy
Adopt a written drug and alcohol testing policy and give it to employees before testing starts, setting out which employees are covered, the circumstances that trigger a test, the substances screened, the collection and confirmation procedures, how results are kept confidential, the right to explain a positive result, and the consequences including discipline or referral to treatment. Use certified laboratories and follow the confirmation and record retention steps the article requires.
From the first employee
West Virginia courts; the article governs employer liability rather than an agency permit
AuthorityWest Virginia Legislature - W. Va. Code § 21-3E-1 et seq.West Virginia Division of Labor - Wage and Hour Statutes and RulesReport an error
Workers' compensation coverage and noticeW. Va. Code chapter 23 #Employers with employees in West Virginia, subject to the exemptions in the chapter for certain agricultural, casual, church and small domestic employmentFile
Filing / record
Buy workers' compensation insurance in the private market or qualify as a self-insurer, keep coverage continuously in force, post the notice telling employees who the carrier is and how to report an injury, and report injuries to the carrier within the time the chapter allows. Coverage status is tracked by the Offices of the Insurance Commissioner and a lapse exposes the employer to direct liability.
From the first employee
West Virginia Offices of the Insurance Commissioner
AuthorityWest Virginia Offices of the Insurance Commissioner - Employer CoverageWest Virginia Offices of the Insurance Commissioner - Workers' CompensationReport an error

Because You Are in Construction 3Industry layer

LawProduceWhat it requiresTriggerEnforced by
Contractor Licensing ActW. Va. Code chapter 21 article 11 #Anyone contracting to perform construction, alteration, repair or improvement work in West Virginia where the total value is $2,500 or moreCertify
Certification
Pass the business and law exam plus the trade exam for each classification held, obtain a Business Registration Certificate and workers' compensation coverage, hold the West Virginia contractor license in the correct classifications, renew it annually, and put the license number on bids, contracts and advertising. Working unlicensed above the threshold is a misdemeanour and can void the contract.
From the first employee
West Virginia Contractor Licensing Board, housed in the Division of Labor
AuthorityWest Virginia Division of Labor - LicensingWest Virginia Division of Labor - Licensing Links (Contractor Licensing Board)West Virginia Contractor Licensing BoardReport an error
Wage bond for newer employers in covered industriesW. Va. Code § 21-5-14 #Employers in construction and other covered industries that have been doing business in West Virginia for less than five consecutive years, or that have not kept an acceptable wage and benefit payment recordFile
Filing / record
File a wage bond with the Division of Labor before beginning work in the state, sized to cover the projected wages and fringe benefits for the required period, using the Division's forms and an approved surety, collateral or escrow arrangement, and keep it in place until the exemption period is met.
From the first employee
West Virginia Division of Labor, Wage and Hour Section
AuthorityWest Virginia Division of Labor - Wage BondingWest Virginia Division of Labor - Wage Bond FormsWest Virginia Legislature - W. Va. Code § 21-5-14Report an error
West Virginia Jobs Act (local hiring on public improvement contracts)W. Va. Code chapter 21 article 1C #Contractors and subcontractors on public improvement construction contracts above the statutory dollar thresholdCertify
Certification
Employ West Virginia residents for at least the statutory share of the work hours in each craft or trade on the project, or obtain a waiver from WorkForce West Virginia, and file the certified payroll and the sworn affidavit of compliance the Division of Labor requires with the public authority.
From the first employee
West Virginia Division of Labor
AuthorityWest Virginia Division of Labor - Jobs ActWest Virginia Division of Labor - Jobs Act FAQWest Virginia Legislature - W. Va. Code § 21-1C-1Report an error

Because You Are in Healthcare 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Nurse Overtime and Patient Safety ActW. Va. Code chapter 21 article 5F #Hospitals in West Virginia that employ registered and licensed practical nursesPost
Posting
Stop requiring nurses to work mandatory overtime beyond a regularly scheduled shift except in a declared emergency, post the Division of Labor's Nurses Overtime and Patient Safety Act notice, keep the scheduling and overtime records that show compliance, and document any emergency that justified extra hours.
From the first employee
West Virginia Division of Labor
AuthorityWest Virginia Division of Labor - Required Posters (Nurses Overtime and Patient Safety Act poster)West Virginia Legislature - W. Va. Code § 21-5F-1 et seq.Report an error

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Food establishment permit and food safety certificationW. Va. Code R. § 64-17 (Food Establishments); W. Va. Code §§ 16-1-4 and 16-6-2 #Restaurants, bars, grocery stores, school and day care kitchens, mobile food units and temporary food establishmentsCertify
Certification
Get a permit from the county health department before opening and keep it posted, run the operation to the state Food Establishment Code, have a Certified Food Protection Manager on duty each shift, make sure food workers hold the food handler card their local health department requires, and keep the written procedures the rule calls for such as employee health reporting and cleanup of vomiting and diarrhoeal events.
From the first employee
West Virginia Department of Health with county health departments
AuthorityWest Virginia Secretary of State - Code of State Rules, Series 64-17 Food EstablishmentsWest Virginia Department of Health - LicensingKanawha-Charleston Health Department - Food Handler and Manager RequirementsReport an error

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by
Standards for Safeguarding Consumer InformationW. Va. Code R. §§ 114-62-1 through 114-62-6; authority W. Va. Code §§ 33-6F-1 and 33-2-10 #Insurers, producers and other licensees of the West Virginia Offices of the Insurance Commissioner that hold customer informationWrite
Written program
Maintain an administrative, technical and physical information security program sized to the licensee's operations and the sensitivity of the customer information it holds, designed to keep that information secure and confidential, protect against anticipated threats and prevent unauthorised access that could harm a customer. West Virginia has not adopted the newer NAIC Insurance Data Security Model Law, so there is no separate annual certification filing.
From the first employee
West Virginia Offices of the Insurance Commissioner
AuthorityWest Virginia Secretary of State - Code of State Rules, Series 114-62West Virginia Offices of the Insurance CommissionerNAIC - Model 668 state adoption chartReport an error

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Sources

West Virginia Legislature - W. Va. Code § 46A-2A-102West Virginia Legislature - W. Va. Code § 46A-2A-101 (definitions)West Virginia Attorney GeneralWest Virginia Secretary of State - Code of State Rules, Series 114-62West Virginia Offices of the Insurance CommissionerNAIC - Model 668 state adoption chartWest Virginia Division of Labor - Required PostersWorkForce West VirginiaWest Virginia State Tax Department - BusinessWest Virginia Secretary of State - Business and LicensingWest Virginia One Stop Business PortalWest Virginia Division of Labor - LicensingWest Virginia Division of Labor - Licensing Links (Contractor Licensing Board)West Virginia Contractor Licensing BoardWest Virginia Secretary of State - Code of State Rules, Series 64-17 Food EstablishmentsWest Virginia Department of Health - LicensingKanawha-Charleston Health Department - Food Handler and Manager RequirementsWest Virginia Division of Labor - Wage and Hour SectionWest Virginia Legislature - W. Va. Code § 21-5-9West Virginia Division of Labor - Wage BondingWest Virginia Division of Labor - Wage Bond FormsWest Virginia Legislature - W. Va. Code § 21-5-14West Virginia Division of Labor - Jobs ActWest Virginia Division of Labor - Jobs Act FAQWest Virginia Legislature - W. Va. Code § 21-1C-1West Virginia Division of Labor - Verifying Legal Employment Status of WorkersWest Virginia Division of Labor - Statute and Legislative RuleWest Virginia Legislature - W. Va. Code § 21-3E-1 et seq.West Virginia Division of Labor - Wage and Hour Statutes and RulesWest Virginia Legislature - W. Va. Code § 21-5F-1 et seq.West Virginia Offices of the Insurance Commissioner - Employer CoverageWest Virginia Offices of the Insurance Commissioner - Workers' CompensationWest Virginia Office of Technology - Policies and StandardsWest Virginia Office of Technology - Vendor ResourcesWest Virginia Office of Technology - Cyber Security

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