West Virginia — Hiring & Onboarding

As of June 26, 2026, West Virginia does not require any employer—public or private—to use E-Verify (the Department of Homeland Security’s federal electronic system for work authorization), nor does it prohibit participation. Use of E-Verify in West Virginia is voluntary except for employers who are subject to a separate federal obligation (such as those holding certain federal contracts, under the Federal Acquisition Regulation at 52.222-54). There are no state-level statutory mandates or prohibitions on electronic employment eligibility verification, and no additional state recordkeeping requirements relating specifically to E-Verify.

Current State Law Section 21-1B-3 of the West Virginia Code directs employers to verify the legal employment status of every new hire. This verification must be accomplished using documents specified in federal law (I-9 documents: passport, permanent resident card, Social Security card, etc.), but the statute does not require (or reference) the E-Verify system. In other words, compliance with the standard I-9 document review meets state requirements. Employers who choose to use E-Verify do so for federal compliance or added verification, but West Virginia law (as of this date) neither requires nor restricts such use. There is no state-provided liability safe harbor for using E-Verify, nor a parallel state-run electronic verification mechanism.

Proposed Changes (Pending Legislation, Not Law as of 2026-06-26) During the 2026 legislative session, both the House (HB 4198) and Senate (SB 522) introduced bills that would mandate E-Verify use for new hires in West Virginia—potentially beginning as early as July 1, 2026. As of this writing, neither proposal has become law; employers are not currently obligated to register for or utilize E-Verify unless and until such legislation is enacted.

Bottom Line: For all West Virginia employers (unless a federal contract requires otherwise), E-Verify participation is optional and there are no extra state-imposed E-Verify recordkeeping obligations. This will change if pending legislation passes, so employers should monitor legislative developments for updates after June 2026.

Source: W. Va. Code § 21-1B-3 | 2026 HB 4198, as introduced | 2026 SB 522, as introduced

West Virginia requires all employers doing business in the state to report newly hired, rehired, and returning employees to the Bureau for Child Support Enforcement within 14 days of the hire, rehire, or return-to-work date. This reporting obligation flows from both federal law (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, codified at 42 U.S.C. § 653a) and state implementation under W.Va. Code § 48-18-125.

## Covered individuals

Under W.Va. Code § 48-18-125(b), employers must report:

1. New employees — any person who resides or works in West Virginia to whom the employer anticipates paying earnings. This includes individuals who work only one day and are terminated before the employer submits the report.
2. Rehires and returns to work — any employee or independent contractor who resides or works in West Virginia and returns after a layoff, furlough, separation, leave without pay, or termination. Seasonal workers who return each year are treated as rehires.
3. Independent contractors — contractors for whom payment totals $2,500 or more per year. The report is due within 14 days of the earlier of (a) first making aggregate payments equal to or exceeding $2,500 in any year, or (b) entering a contract providing for aggregate payments equal to or exceeding $2,500 in any year.

The statute defines "new hire" as the first day on which the individual performs services for remuneration and on which the employer begins to withhold amounts for income tax purposes. W.Va. Code § 48-18-125(a)(4).

## Required information

Employers must report the following data elements under W.Va. Code § 48-18-125(e):

• Employee's or independent contractor's name, address, and Social Security number
• Start date (or date of rehire / return to work)
• Employer's name and address
• Employer's federal tax identification number (FEIN)
• Address of the payroll office, if different

Employers may optionally include date of birth or income information. W.Va. Code § 48-18-125(e).

## Submission methods and timing

Reports must be submitted within 14 days of the hire, rehire, or return-to-work date. W.Va. Code § 48-18-125(f). Employers may submit by mail or by an alternative method approved in writing by the Bureau for Child Support Enforcement.

Electronic / magnetic filers: Employers that transmit reports magnetically or electronically may instead submit in two monthly transmissions not less than 12 days nor more than 16 days apart. W.Va. Code § 48-18-125(f).

## Exceptions

Two narrow exceptions apply:

• Intelligence and counterintelligence employees: Employers are not required to report any employee or independent contractor of a federal or state agency performing intelligence or counterintelligence functions if the agency head determines that reporting could endanger the employee's safety or compromise an ongoing investigation or intelligence mission. W.Va. Code § 48-18-125(c).
• Multistate employers with federal designation: An employer with employees or independent contractors in states other than West Virginia that transmits reports magnetically or electronically is exempt if the employer has filed with the U.S. Department of Health and Human Services a written designation of another state as its reporting state under 42 U.S.C. § 653A. W.Va. Code § 48-18-125(d).

## Administrative fee

Employers may assess each reported employee or independent contractor $1 to recover the administrative costs of reporting. W.Va. Code § 48-18-125(i).

Source: W.Va. Code § 48-18-125

West Virginia law imposes penalties on employers who fail to comply with the new hire reporting requirement under W.Va. Code § 48-18-125.

Penalty structure:

• Under W.Va. Code § 48-18-125(g), any employer that knowingly fails to report a new hire, rehire, or independent contractor as required, or reports false information, is subject to a civil penalty of up to $25 for each individual the employer fails to report.
• If an employer conspires with an employee or contractor to avoid reporting or to submit a false report, the penalty increases to up to $500 per violation.
• The penalty is imposed per individual not reported, not per payroll period or reporting cycle.
• The assessment of penalties is in addition to any other remedies provided by law, which may include recovery of past-due child support if the non-reporting is found to be willful and leads to loss of enforcement opportunity.

Enforcement authority:

• The West Virginia Bureau for Child Support Enforcement is responsible for the administration and enforcement of these penalties. The statute does not articulate a criminal penalty; enforcement is entirely civil and administrative.

Federal overlay:

• These state civil penalties are in addition to any federal sanctions under 42 U.S.C. § 653a, which may apply for non-compliance with federal new hire reporting requirements.

No private right of action:

• The statute does not provide for a private lawsuit by employees or other parties for failure to report. Only the Bureau may enforce the penalty provisions.

Source: W.Va. Code § 48-18-125(g)

West Virginia law establishes escalating criminal penalties for employers who fail to verify the work authorization of new hires as required under W.Va. Code §§ 21-1B-3 through 21-1B-5. The statute applies to any employer who "knowingly and willfully" hires, recruits, refers, or continues to employ a person not authorized to work in the United States, or who evades, falsifies, or otherwise fails to comply with state employment verification requirements. (W.Va. Code § 21-1B-5(a), (b), (c)).

Penalty Structure:

• First offense: A first conviction results in a misdemeanor, with a fine of not less than $100 and not more than $1,000 for each unauthorized worker involved. The statute does not provide for jail time on a first offense. (W.Va. Code § 21-1B-5(b)).
• Second offense: For a second conviction, the penalty rises to a misdemeanor, with a fine of not less than $500 and not more than $5,000 per unauthorized worker. The court also may impose imprisonment for up to six months at its discretion. (W.Va. Code § 21-1B-5(c)).
• Third or subsequent offense: On a third or further conviction, the fine escalates to not less than $1,000 and not more than $10,000 per unauthorized worker, and the court must sentence the employer to at least six months (up to one year) imprisonment—jail time is mandatory. (W.Va. Code § 21-1B-5(c)).

Other related violations:

• The same penalty structure (by escalation and per-violation) applies to employers who knowingly dispose of assets, falsify records, or otherwise attempt to evade enforcement. (W.Va. Code § 21-1B-5(a)).

Scope and notes:

• Penalties are imposed per unauthorized worker, not per payroll or reporting cycle, and accumulate with each separate act or individual.
• These state penalties are in addition to any federal enforcement under the Immigration Reform and Control Act (IRCA).

Source: W.Va. Code § 21-1B-5

West Virginia law requires all private and public employers to provide every newly hired employee with a written notice at the outset of employment that discloses essential terms of pay and payment. This obligation is codified at W. Va. Code § 21-5-9(a).

Required wage notice content. At the time of hiring, employers must notify each employee in writing of:

• the rate of pay (for hourly workers, the dollar amount per hour; for salaried workers, the salary amount and the pay period covered),
• the day, hour, and place of payment (e.g., "payday is every other Friday by direct deposit"), and
• the employer’s intention regarding employment practices and policies concerning vacation pay, sick leave, and comparable matters, either by notice to the employee or by conspicuous posting at the employer’s place of business (W. Va. Code § 21-5-9(a); § 21-5-9(b)).

Notice on pay changes and policy changes. If the employer changes the employee’s rate of pay, payday, or payment location, or changes a policy affecting paid leave, the employer must notify employees in writing or by conspicuous posting at the business prior to the effective date of the change (W. Va. Code § 21-5-9(b)).

Form of wage notice. The statute does not prescribe a specific form. The written notice may be included in an offer letter, onboarding packet, or stand-alone wage statement delivered at hiring, so long as it is clear and contains the required information.

Enforcement and coverage. The wage notice requirement applies to all employers in West Virginia, regardless of size or industry (with a carve-out for railroad companies regulated by federal law). There is no exception for small employers or nonprofits. Violation of § 21-5-9 may result in a misdemeanor conviction and fines under W. Va. Code § 21-5-10.

Relationship to federal law. The federal Fair Labor Standards Act does not require written wage notices for private-sector new hires, making West Virginia’s statutory requirement more protective. West Virginia employers with employees in other states should note that about half of U.S. states impose some version of a wage notice or wage-theft prevention act. For neighboring states’ rules, see Ohio — Hiring & Onboarding and Pennsylvania — Hiring & Onboarding.

Source: W. Va. Code § 21-5-9

West Virginia imposes criminal penalties for employers who knowingly and willfully fail to verify the work authorization of new hires or fail to maintain the required documentation as specified in W. Va. Code § 21-1B. The statutory framework under § 21-1B-5 distinguishes penalties based on the number of offenses, and explicitly addresses both hiring unauthorized workers and noncompliance with verification and recordkeeping duties.

Penalty tiers under W. Va. Code § 21-1B-5:

• First offense: Any employer that "knowingly and willfully employs, hires, recruits or refers for a fee for employment, or continues to employ... a person not authorized to work" and any employer who "knowingly and willfully fails to verify employment authorization as required by ... § 21-1B-4" is guilty of a misdemeanor and fined not less than $100 and not more than $1,000 for each unauthorized worker. No jail time is authorized for a first offense. (§ 21-1B-5(b)).
• Second offense: On conviction for a second offense under this article, the employer faces a misdemeanor charge with a fine between $500 and $5,000 per unauthorized worker, and Courts may impose jail time up to six months. (§ 21-1B-5(c)).
• Third or subsequent offense: For a third or subsequent conviction, the penalty is a fine between $1,000 and $10,000 per unauthorized worker and mandatory jail time of at least six months, up to one year. (§ 21-1B-5(c)).

Scope of conduct covered: The statute states these penalties apply to employers who violate "any provision of this article" (W. Va. Code § 21-1B-5(a)), which includes failing to verify authorization, failing to maintain required employment records, and, more broadly, the employment or continued employment of an unauthorized worker. While the text refers generally to violations, it does not enumerate specific conduct like "falsifying records" or "disposing of assets"—these are included within the general language penalizing any evasion or noncompliance.

Relationship to federal law: The statute is silent on federal preemption. The penalties outlined under West Virginia law apply independently of federal penalties under IRCA, but the text does not explicitly address how state and federal enforcement interact.

Source: W. Va. Code § 21-1B-5

Employers in West Virginia must take care when submitting new‑hire, rehire, or return‑to‑work reports, because W. Va. Code § 48‑18‑125(h) imposes specific civil penalties for failures:

• A failure to report as required — for instance, missing the 14‑day deadline (or failing to include an independent contractor paid ≥ $2,500) — carries a civil penalty of up to $25 per failure.

• If the failure is part of a conspiracy between the employer and the employee or independent contractor to withhold or falsify the report or omit it entirely, the penalty climbs to up to $500 per violation.

Employers must report new hires, rehires, returns to work, or independent contractors paid $2,500 or more within 14 days (or via approved electronic batch windows of 12–16 days). Failing that triggers the penalties above.

These are the only penalties listed in the statute for new‑hire reporting failures.

Source: W. Va. Code § 48‑18‑125(h)

West Virginia does not have a general state law requiring private-sector employers to obtain written consent from job applicants before conducting background checks or requesting consumer reports, beyond what is already required under the federal Fair Credit Reporting Act (FCRA, 15 U.S.C. § 1681b(b)(2)). There is no state statute or regulation mandating written authorization for employment-related background checks across all sectors, nor does the West Virginia Division of Labor currently prescribe such a standard for private employment.

Public sector and regulated occupations:

• For positions with the state government, specific agencies (notably the Division of Personnel) do require written authorization before reference or credential checks during hiring, but these policies apply to public employment only and do not extend to the general private sector.
• Certain regulated fields—especially healthcare, education, and childcare—impose additional mandatory consent requirements. For example, licensed child care providers must collect a signed consent and release from job applicants prior to running protective services background checks. Healthcare entities participating in WV CARES (the fingerprint-based background screening program for direct-care workers) must use specific state forms and obtain written consent before requesting criminal and abuse history checks. These requirements are imposed by licensing or regulatory bodies, not as a generally-applicable employment law.

Takeaway: For most private-sector roles, compliance with the FCRA’s federal disclosure and written authorization rules is sufficient—no West Virginia-specific overlay applies. Employers in regulated industries or hiring into public-sector roles should check their particular agency or licensing authority for additional screening and consent requirements.

Source: Division of Labor — Employment Law FAQs, WV Division of Personnel Reference Check Policy, WV CARES Background Check Policy, Child Care Facility Background Check Instructions.

West Virginia requires every employer, at the time of hiring, to provide new employees with written notice that sets out core wage and payment terms. This is not an optional step—it is a statutory requirement under the West Virginia Wage Payment and Collection Act (WPCA).

What must be disclosed: Under W. Va. Code § 21-5-9(a), all employers must notify employees in writing, at the time of hiring, of:

• the employee’s rate of pay (hourly wage or salary);
• the day, hour, and place of payment (e.g., “payday is every other Friday, direct deposit to bank account”);
• and the employer’s leave/vacation and comparable policies, either by written notice or by posting them in a conspicuous place in the workplace.

Form and delivery: There is no required form for the wage notice. The law allows the notice to be delivered as a stand-alone letter, part of an offer letter, or an onboarding document; or, for policies, by conspicuous posting so employees can examine them on request. Changes to pay or policies must also be disclosed before the change takes effect—again, in writing or by posting (W. Va. Code § 21-5-9(b)).

Enforcement and penalties: This requirement applies to all private and public employers in the state, except for federally-regulated railroad companies (expressly carved out). Failure to comply is a misdemeanor under W. Va. Code § 21-5-10, and may result in fines. The statute is enforced by the West Virginia Division of Labor, which has issued guidance (WPCA Fact Sheet #3) reiterating that written wage notice is mandatory at onboarding.

No federal overlay: The federal Fair Labor Standards Act has no comparable wage-notice-at-hire rule for the private sector. West Virginia is among a minority of states imposing an explicit written disclosure requirement at hire.

Source: W. Va. Code § 21-5-9 and Division of Labor — WPCA Fact Sheet #3

Statewide criminal history (Ban the Box) restrictions — none identified West Virginia does not have a statewide "Ban the Box" law restricting private employers from inquiring into criminal history at the application stage. Review of the West Virginia Code and State Rules reveals no statute or regulation that imposes timing restrictions or procedural requirements on private employers regarding criminal-record inquiries. This statement is based on an absence of such provisions as of 2026-06-18.

Disability-related and medical inquiry limitations (W. Va. Code R. § 77-1-5) Employers in West Virginia may not preemptively ask job applicants whether they have a physical or mental impairment or inquire into the nature or severity of a disability before a conditional job offer is made. Instead, employers may ask whether the applicant can perform job-related functions. The text of W. Va. Code R. § 77-1-5 states: “An employer may not make preemployment inquiry as to whether the applicant is an individual with a disability, or as to the nature or severity of such disability; except that an employer may make preemployment inquiry into the ability of an applicant to perform job-related functions.” These provisions track the federal ADA, but are state-specific regulatory requirements.

Mandatory sectoral checks — WV CARES Act for healthcare, long-term care, and child care roles Certain employers—particularly in healthcare, long-term care, and child care—must complete fingerprint-based criminal background checks before hiring into positions involving direct access to vulnerable populations. This requirement falls under the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), codified at W. Va. Code § 16B-15-3 and related sections. Providers covered include nursing homes, hospitals, home health agencies, hospices, child care facilities, and similar entities (see statutory definitions). These sector-specific mandates do not apply to general private employers outside regulated fields.

Credit check restrictions — none confirmed No West Virginia statute or regulation expressly restricts the use of credit checks in employment for private-sector roles, apart from compliance with the federal Fair Credit Reporting Act (FCRA) regarding notice and consent. Unable to confirm as of 2026-06-18 any additional state-level restrictions on employment credit checks.

Source: W. Va. Code R. § 77-1-5, W. Va. Code § 16B-15-3

West Virginia law assigns criminal penalties for employers who knowingly and willfully violate state employment verification or recordkeeping requirements under W. Va. Code §§ 21-1B-3 and 21-1B-4. The penalty schedule and offense language are specified in W. Va. Code § 21-1B-5 and apply to any employer who:

• Knowingly and willfully fails to verify employment authorization as required;
• Knowingly and willfully fails to maintain the required documentation;
• Knowingly and willfully submits false documentation to state authorities;
• Knowingly and fraudulently sells, transfers, or otherwise disposes of substantially all the employer’s assets for the purpose of evading compliance with these obligations.

Penalty structure (§ 21-1B-5):

• For violations of verification or recordkeeping (whether or not an unauthorized worker is involved), the offense is a misdemeanor.
• First conviction: Fine of not less than $100 and not more than $1,000 for each violation.
• Second conviction: Fine of not less than $500 and not more than $5,000 per violation; the court may impose up to six months imprisonment.
• Third or further conviction: Fine of not less than $1,000 and not more than $10,000 per violation, plus a mandatory minimum jail sentence of six months, up to one year.

If false documents are submitted or there is an asset transfer to evade compliance, those are also misdemeanors, with fines up to $10,000 and up to one year in jail depending on the conduct (§ 21-1B-5(a), (d)). For jail terms: on a second offense, the court "may" impose up to six months, but for a third or subsequent offense, the court "shall" sentence to at least six months.

Each violation is considered separately. These penalties are in addition to any federal enforcement under the Immigration Reform and Control Act (IRCA); state penalties "shall be in addition to any federal sanction or enforcement action."

Source: W. Va. Code § 21-1B-5

West Virginia does not require private employers to use the federal E-Verify system (the Department of Homeland Security’s electronic employment eligibility verification tool), but participation is voluntary except where a federal contract or program requires its use. Under the West Virginia Employment Law Worker Classification Act (W. Va. Code § 21-1B), employers must verify the work authorization of all new hires, but the statute does not mandate the use of E-Verify—verification may be completed using the federal I-9 process alone.

State E-Verify rules

• Voluntary for most private employers: West Virginia law neither mandates nor prohibits E-Verify for private employers. The decision to enroll in E-Verify is left to the employer, consistent with federal law, unless the employer is subject to a federal contract containing a specific E-Verify clause (see FAR 52.222-54).
• Public contractors and state grants: West Virginia statutes do not, as of 2026-06-18, impose any state-level E-Verify mandate on public contractors, grantees, or subcontractors. No provision of W. Va. Code § 21-1B, or related public procurement chapters, requires state or local government contractors to use E-Verify.

Safe harbor for E-Verify participation—no special liability shield

W. Va. Code § 21-1B-3(b)(1) states that an employer is considered to have complied with state employment verification requirements if they "verify the legal employment status of each individual... by requiring the individual to produce the documents set forth in Section 1324a(b) of Title 8, United States Code (I-9 documents)." While employers may elect to use E-Verify as an additional step, the statute does not confer any special safe harbor or added protection against liability for unauthorized employment solely because the employer participated in E-Verify (beyond the corresponding federal statutory protections). Employers remain subject to state penalties if they knowingly employ unauthorized workers, regardless of E-Verify enrollment, unless they met the I-9 verification obligations.

Federal overlay: Participation in E-Verify is required for certain federal contractors under the Federal Acquisition Regulation (FAR 52.222-54), and nothing in West Virginia law exempts employers from these federal obligations.

Bottom line: For most West Virginia employers, E-Verify is optional, does not expand the safe-harbor protection under W. Va. Code § 21-1B-3, and does not substitute for diligent I-9 compliance.

Source: W. Va. Code § 21-1B-3

West Virginia employers must display certain state-required posters, in addition to applicable federal postings, in conspicuous places accessible to employees (commonly a break room, near a time clock, or other prominent location).

1. Required for most public and private sector employers:

• Minimum Wage Requirements Poster: All employers must display this poster describing the state minimum wage, maximum hours, and exemptions. Source: West Virginia Division of Labor — Required Posters
• Wage Payment & Collection Act Poster: All employers must post wage payment schedules, permissible deductions, and pay date information (§ 21-5-9). Source: W. Va. Code § 21-5-9
• Unemployment Insurance Benefits Notice: All employing units (public and private) must post a conspicuous notice of employee rights and how to file for unemployment benefits. Source: W. Va. Code § 21A-6-10
• Workers’ Compensation Insurance Poster: All employers with required coverage must post the name, address, and contact number of their workers’ compensation insurer (or self-insured status). Source: W. Va. Code § 23-2C-15
• Human Rights Act (Anti-Discrimination) Poster: All employers with 12 or more employees must conspicuously post a notice prohibiting discrimination on the basis of protected categories (race, religion, color, national origin, ancestry, sex, age, blind or disability status). Source: W. Va. Code § 5-11-17

2. Industry- or role-specific:

• Nurses Overtime & Patient Safety Act Poster: Hospitals that employ nurses are required to post a specific summary of overtime and safety rights for nurses. Source: W. Va. Code § 21-5F-3(h)
• Child Labor Poster: Employers hiring youth under 18 must post child labor law information, covering work hour limits and prohibited occupations. Source: Division of Labor — Required Posters

3. Public sector and special entities:

• WV Parental Leave Act Poster: State government agencies, departments, and county boards of education are required to post this notice outlining employee leave rights. Source: Division of Labor — Required Posters
• Other DOP notices (only for state agencies): Policies on workplace harassment, drug-free workplace, and smoking restrictions are mandated by Division of Personnel rules, not by statue, and apply only to state agencies. See: Division of Personnel — Posting Requirements

Federal posters: Employers are also responsible for displaying federally-required posters (FLSA, EEO, FMLA, OSHA, USERRA, etc.). These rules are not governed by state law and are addressed elsewhere in this guide.

Source: West Virginia Division of Labor — Required Posters Source: W. Va. Code § 21-5-9 Source: W. Va. Code § 21A-6-10 Source: W. Va. Code § 23-2C-15 Source: W. Va. Code § 5-11-17 Source: W. Va. Code § 21-5F-3(h) Source: Division of Personnel — Posting Requirements