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West Virginia

Regulatory Strength: ‏‏ Weak‏
Effective before 2005

Protected groups:

  • Gender

Applicable to:

  • Private and public companies
  • May apply to organizations not covered by Federal FLSA standards*

HR practices:

  • Employer cannot retaliate against employees who file a complaint or testify regarding pay discrimination
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Employee accepting a low wage is not an acceptable defense for differences in pay

Remedies:

  • Back pay:
    • Up to two (2) times the amount of back pay awarded
    • Only one (1) year of back pay may be awarded
  • Employer is liable for plaintiff attorney fees
  • Violations may incur a fine

Please click HERE for access to WV Code § 21-5B-3, Equal Pay for Equal Work.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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