West Virginia HR guidance for practitioners.
Pick a topic below to see the federal rule, the WV statute, and the practitioner steps Ask HR AI walks you through in a session.
West Virginia at a glance
- Report lookback: 7 years (FCRA default). West Virginia applies FCRA. Expunged records under W. Va. Code §61-11-26 must be suppressed.
- Ban-the-box: Public sector. State-agency hiring has removed the conviction question; no statewide private rule.
- Salary history: No restriction. No statewide salary-history ban.
- Cannabis: Medical only. W. Va. Medical Cannabis Act authorizes medical use; employers may continue to enforce drug-free workplace policies.
West Virginia topics
FCRA adverse action in West Virginia
The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
Read the WV guideBan-the-Box and Fair Chance hiring in West Virginia
When employers may ask about criminal history, individualized assessment requirements, and the state and city ordinances that add rules on top of federal EEOC guidance.
Read the WV guideWage and hour in West Virginia
FLSA exempt vs non-exempt classification, overtime rules, meal and rest breaks, off-the-clock work, and state daily-overtime rules that overlay the federal floor.
Read the WV guideLeaves and accommodations in West Virginia
Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
Read the WV guideDrug testing and marijuana in West Virginia
Pre-employment, reasonable-suspicion, and post-accident drug testing across states with off-duty cannabis protections and safety-sensitive carve-outs.
Read the WV guidePay transparency and pay equity in West Virginia
State and city pay range disclosure laws, pay equity analyses, and how to respond to an applicant's compensation question.
Read the WV guideHarassment prevention and training in West Virginia
Mandatory sexual harassment training in CA, NY, IL, CT, DE, ME, WA — plus prevention policies, complaint channels, and Faragher/Ellerth defenses.
Read the WV guideBackground check basics for HR in West Virginia
What a compliant employment background check includes, FCRA disclosure and authorization, and how to interpret common report components.
Read the WV guideRelated SafestHires resources for West Virginia
- West Virginia background-check rules — the underlying state-screening reference.
- West Virginia FACIS healthcare screening — Medicaid exclusion and licensing boards.
- All states — jump to another state.