Morgantown Wage & Hour Attorney

Nearly 60 Years of Experience Fighting for West Virginia Workers

West Virginians work hard. When an employer withholds wages, refuses to pay overtime, or simply ignores the hours an employee has put in, that worker deserves more than a shrug and a paycheck short of what they earned. At The Moore Law Firm, PLLC, we represent workers in Morgantown and throughout West Virginia in wage and hour disputes, and we have an extensive background in taking on employers who don’t play by the rules.

Wage disputes can feel overwhelming when you’re up against an employer. Our firm is ready to cut through that and help you pursue the wages you’re owed.

If you believe your employer has withheld or shorted your pay, don’t wait. Call us today at (304) 521-2451 or fill out our contact form to schedule a consultation.

Common Wage & Hour Violations in West Virginia

When an employer fails to compensate workers in accordance with federal and state law, those workers may have a legal claim. The employment law violations we handle include:

• Failure to pay wages upon separation
• Unpaid or miscalculated overtime
• Failure to pay minimum wage
• Unlawful payroll deductions
• Untimely wage payments
• Worker misclassification as an independent contractor to avoid overtime and minimum wage obligations
• Requiring employees to work off the clock or through unpaid breaks
• Tip credit violations where the employer fails to ensure the worker reaches the full state minimum wage

Under WV Code Chapter 21, Article 5, wages include compensation calculated on a time, task, piece, commission, or other basis. If your employer is shortchanging you under any of these categories, a wages attorney can help you assess your options.

West Virginia Wage & Hour Law: What Workers Need to Know

Workers in Morgantown and throughout West Virginia are protected by two overlapping legal frameworks: the federal Fair Labor Standards Act (FLSA) and the West Virginia Wage Payment and Collection Act, codified at WV Code Chapter 21, Article 5. Here’s how the key provisions work before you pursue a claim.

Minimum Wage
West Virginia’s state minimum wage is $8.75 per hour for employers with six or more non-exempt employees at a permanent work location. Employers with fewer than six employees are subject to the federal minimum wage of $7.25 per hour. Tipped employees must still reach the full $8.75 per hour when tips are combined with the employer’s cash wage; if they don’t, the employer is required to make up the difference.

Overtime Requirements
West Virginia requires overtime pay at 1.5 times the regular rate for hours worked beyond 40 in a workweek. These obligations can’t be waived by agreement between an employer and employee, regardless of what any contract says.

Written Demand and Liquidated Damages
Under the WV Wage Payment and Collection Act, an employer who receives a written demand for unpaid wages has seven calendar days to correct the underpayment. Failure to do so may expose the employer to liquidated damages and attorney fees. Under the FLSA, employers found liable may owe back wages plus liquidated damages up to double the unpaid amount, as well as attorney fees. These are potential remedies under law, not guaranteed results in every case.

Time Limits on Wage Claims
The FLSA statute of limitations for unpaid wage claims is generally two years from the date of the violation. A willful violation may extend that period to three years. Because these deadlines are firm, workers who believe their wages have been withheld should speak with a wages lawyer as soon as possible.

Appellate-Level Wage & Hour Representation in Morgantown

Knowing the law is one thing. Having an attorney who has litigated wage claims through the appellate courts is another. Jared T. Moore served as counsel in Zerfoss v. Hinkle Trucking, Inc., No. 19-1126, 2022 WL 1223941 (W. Va. Apr. 26, 2022), a West Virginia Wage Payment and Collection Act case decided by the Supreme Court of Appeals of West Virginia. That experience means we understand how these disputes can unfold at every stage, from an initial demand letter through fully litigated recovery.

Our firm brings nearly 60 years of collective legal experience across litigation and negotiation. Jerry D. Moore’s background as a former prosecuting attorney and former circuit judge gives us courtroom insight that shapes how we approach each case. Jared T. Moore holds an AV Preeminent Rating from Martindale-Hubbell and is a member of the National Association of Distinguished Counsel. We represent clients in both state and federal courts throughout West Virginia, and you work directly with an attorney from start to finish, so you can stay informed about where your case stands.

Ready to Recover What You’re Owed? Contact Us Today.

If you believe your employer has failed to pay you correctly, we’re prepared to advocate on your behalf. We’ll take the time to understand your situation and build the strongest available legal strategy for your claim.

Don’t let your employer illegally withhold your wages. Call our office today at (304) 521-2451 and schedule a consultation. You can also reach us by filling out our contact form.