Federal & State Regulations | Employment contracts - West Virginia

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Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

West Virginia law does not have a provision like federal law in regard to union membership. It does, however, have other provisions concerning employment contracts.

Waiver of rights

Any agreement between an employer and employee to waive the employee’s rights to unemployment compensation or to have the employee pay any portion of the employer’s required contribution is invalid. West Virginia Code Chapter 21A, §21A-10-1

Waiver of benefits

An employer can not by any contract or agreement, exempt itself from the requirements of the workers’ compensation law or waive any employees’ benefits.

West Virginia Code Chapter 23, §23-2-7

Wage rate

An agreement between an employee and employer that requires the employee to work for less than the applicable wage rate is unenforceable. West Virginia Code Chapter 21, §21-5C-8