What West Virginia law adds on top of federal law for nurses and EMS, and who to call.
Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.
General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.
Who to call in West Virginia
West Virginia Division of Labor, Wage & Hour SectionUnpaid wages and state labor complaints. Start a complaint · (304) 558-7890
U.S. Department of Labor, Wage and Hour DivisionUnpaid wages and overtime, PUMP Act, FMLA. Contact · 1-866-487-9243
OSHAPrivate-employer safety complaints, and retaliation for raising safety (30 days under the OSH Act). Public employees: see Unions and public employers. Contact
A West Virginia hospital can't mandate or pressure you into overtime past your agreed, regularly scheduled shift, and it can't discipline, threaten, report you to the board, or penalize you for refusing when you judge the extra hours could jeopardize patient or employee safety. After 12 or more straight hours you get at least 8 hours off, and outside the listed exceptions nobody works more than 16 hours in 24. Complaints go to the Commissioner of Labor within 30 days.
Who it covers: RNs and licensed or certified LPNs in direct patient care or clinical services at licensed hospitals, including nurse managers when they deliver patient care; not CRNAs and not state or federal hospitals.
Limits and exceptions to know (the law may have others; read the source):
An unforeseen emergent situation that jeopardizes patient safety, like terrorism, a disease outbreak, severe weather or a natural disaster; known volume increases, scheduled vacations and scheduled medical leave don't count.
Prescheduled on-call time, which can't be used as a substitute for mandatory overtime.
Finishing a single patient care procedure already in progress.
A union contract that sets its own procedure for required overtime.
"a hospital is prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime"
Quit or fired, your wages are due on or before the next regular payday.
Who it covers: Employees in West Virginia. The article defines employer as a person, firm or corporation; if a government agency employs you, confirm with the Division of Labor that it applies.
Limits and exceptions to know (the law may have others; read the source):
The article's definition of employer doesn't mention the state or local governments. (W. Va. Code § 21-5-1(m))
If you signed a written agreement for employer property worth over $100 and don't return it, the employer can hold back up to its replacement cost after giving you written notice (not where a union contract governs). (W. Va. Code § 21-5-4)
"Whenever a person, firm, or corporation discharges an employee, or whenever an employee quits or resigns from employment, the person, firm or corporation shall pay the employee's wages due for work that the employee performed prior to the separation of employment on or before the next regular payday"
On a workday of six hours or more you must be given at least 20 minutes for meal breaks, unless you already get breaks or can eat while working.
Who it covers: Employees of West Virginia employers.
"During the course of a workday of six or more hours, all employers shall make available for each of their employees, at least twenty minutes for meal breaks, at times reasonably designated by the employer."
For West Virginia we have not yet confirmed state rules on staffing ratios, plans and committees. That does not mean West Virginia has no rule on them: we leave a topic off until we have read it at the source, and only federal rules are shown for it here.