West Virginia Records laws & HR compliance analysis

West Virginia Records: What you need to know

The information provided here highlights some of the more important recordkeeping requirements that apply to most employers in West Virginia, regardless of industry. There may be other state recordkeeping requirements that are specific to certain businesses or industries. In addition, there are many federal statutes that require employers to keep certain records related to employment. There is additional information on federal recordkeeping requirements.
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Employers should keep in mind that the time period for retaining records set forth in the various statutes are minimums. Since these records are critical to the employer if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, employers may want to retain employment-related records for longer periods. Moreover, the penalties for not keeping required records may be severe.
Covered employers. All employers of minors under the age of 18 are subject to the recordkeeping requirements.
Required. Employers must keep on file a work permit for each employee under the age of 16 that includes the employee's name, date and place of birth, and the name and address of the employee's parent, guardian, or custodian. Age certificates may be required for minors aged 16 and 17. In addition, for each employee under the age of 18, the employer's wage and hour records must include a notation of the employee's birth date.
To be retained. Work permits and age certificates should be retained for the duration of the minor's employment (WV Code Sec. 21-6-3, Sec. 21-6-4; WV Admin. Reg. Sec. 42-9-8).
Covered employers. All employers are subject to the ...

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