WV · Employer compliance
Hire a minor in West Virginia: 6-step compliance checklist
The federal Fair Labor Standards Act sets a floor; West Virginia adds its own rules. The stricter of the two always wins. This page walks through the six checks every West Virginia employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL West Virginia state page and West Virginia Code §§ 21-6-1 to 21-6-13 (Child Labor).
Last verified:
Minimum work age
14
State work permit
Required (14–15)
Restricted occupations on file
5
Stricter than federal?
Mirrors federal
Verify the minor's age
Before scheduling the first shift, get documentary proof of the employee’s date of birth. In West Virginia the state work permit (West Virginia Work Permit (Form WV WP-1)) doubles as the age certificate — the issuing authority verifies the birth date when the permit is issued.Apply the stricter of federal or West Virginia hour caps
Use the stricter rule for the employee’s age band and school-in-session status. Below are West Virginia’s state-specific caps for the two main age bands.
Ages 14–15
School in session
3 hr / day · 18 hr / week
07:00 – 19:00
School out (summer)
8 hr / day · 40 hr / week
07:00 – 21:00
Ages 16–17
School in session
No state limit / day · No state limit / week
No state limit
School out (summer)
No state limit / day · No state limit / week
No state limit
Block hazardous and restricted occupations
The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.
West Virginia adds the following restrictions on top of the federal floor:
- All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
- Operating power-driven meat-processing machines(HO-10)
- Coal mining and underground mining (any minor)
- Door-to-door sales for minors under 16 without adult supervision
- Sale or service of alcohol for minors under 18
Obtain the West Virginia work permit
Minors 14-15 must obtain a Work Permit from their school superintendent before starting any employment. The minor presents the employer's Promise of Employment along with proof of age and parental consent. The permit is job-specific. 16- and 17-year-olds do not need a permit.
- Form
- West Virginia Work Permit (Form WV WP-1)
- Issued by
- Local school superintendent (Work Permit)
- Applies to ages
- 14–15
Post the required notices
Display the federal FLSA Youth Employment poster and the West Virginia state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the West Virginia labor agency. Failure to post is one of the most common citations issued during WHD audits.Keep records for at least 3 years
Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the West Virginia work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.