West Virginia Child Labor laws & HR compliance analysis

West Virginia Child Labor: What you need to know

In West Virginia, people under the age of 18 are considered minors for purposes of employment. The provisions of the child labor law distinguish among minors according to age, type of occupation, and hours of work. It is the employer's responsibility under these laws to ensure that each of its employees is old enough to work legally at his or her assigned duties and during his or her assigned hours. Because West Virginia child labor law is extensive and complex, employers wishing to employ minors during hours or in occupations that may be questionable should consult the state Division of Labor (WV Code Sec. 21-6-1et seq.; WV Admin. Reg. Sec. 42-9-1et seq.).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Both federal and state law applies to child labor--and if there is a conflict, the more protective standard applies. Both the state and federal child labor laws are very strictly enforced. There is additional information and a comprehensive discussion of the federal child labor laws.
Minors under age 18 are barred from being employed or permitted to work in any occupation deemed to be dangerous or injurious by the commissioner of the Division of Labor. These include, but are not limited to, the following (WV Code Sec. 21-6-2):
• Working as a motor vehicle driver or outside helper, whose work includes riding a motor vehicle outside the cab for the purpose of delivering goods
• Manufacturing, storing, handling, or transporting explosives or highly flammable substances
• Working in reductions works, smelters, hot-rolling mills, furnaces, foundries, forging shops, or in any other place in which the heating, melting, or heat treatment of metals is performed
• Working in logging and sawmilling ...

Read more about Child Labor

West Virginia Child Labor Resources

Type Title
Checklists Teen Worker Safety Checklist
Forms Physician's Certificate for Minor Work Permit
See all Child Labor Resources