Hiring employees in West Virginia: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in West Virginia has to hold a state business registration certificate, register with WorkForce West Virginia once it is liable for unemployment tax, carry workers' compensation from the first regular employee, verify each new hire's work authorization before employing them, collect the federal W-4, Form I-9 and the state WV/IT-104, give a written notice of the rate of pay and paydays at hire, and report the hire within 14 days, sooner than most states. West Virginia is a one-party consent state, has no pay transparency, ban-the-box or AI hiring statute for private employers, and requires E-Verify only in narrow cases.

This page is the West Virginia hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The West Virginia hiring checklist at a glance

What must be in place before the first West Virginia hire?

Registration, usually through one application. The State Tax Division says every individual or business entity "must obtain a West Virginia business registration certificate" before doing business in the state. WorkForce West Virginia treats an employer as liable for unemployment tax if it "pays $1,500 or more in total gross wages in a quarter or has at least one employee during twenty different weeks during a calendar year," and says an application through the One Stop Business Portal is sent to it automatically.

Then workers' compensation, which is not optional. W. Va. Code § 23-2-1 covers everyone "regularly employing another person or persons" in the state, with narrow exceptions such as domestic service, five or fewer full-time agricultural workers, churches and casual employers (no more than three employees for no more than ten days in a quarter). The Insurance Commissioner's Employer Coverage Unit says "All WV employers are statutorily required to maintain workers' compensation insurance coverage." The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a West Virginia license?

Most search and placement firms do. Under W. Va. Code § 21-2-7, no employment agent may take a fee without a license from the State Tax Commissioner, issued only after the Commissioner of Labor "shall have approved in writing the application," and § 21-2-11 requires a monthly placement record by the tenth of the next month. The Division of Labor says "only those agencies that make placements for individuals which are not on their own payroll are required to register," so temporary firms placing their own employees are exempt. PEOs need a separate license under § 33-46A-4. See our West Virginia staffing agency guide.

What must a West Virginia job posting include, and can you ask about pay history?

Nothing state-specific. We found no West Virginia statute requiring pay ranges in postings or limiting salary history questions, and the state is absent from our trackers of pay transparency laws and salary history ban states. The Katherine Johnson and Dorothy Vaughan Fair Pay Act would have required pay ranges on request and limited wage history use, but its 2026 version, HB 5116, and 2025 version, HB 2826, never got past referral to House Judiciary. A remote role open to candidates in Colorado, California, New York or Illinois can still pick up those states' rules.

When can you ask about criminal history or run a credit check?

At any stage, under state law. West Virginia has no ban-the-box law for private employers; the 2024 Ban the Box Act, HB 4229, covered only public employers and stalled in House Judiciary. One limit does apply: under W. Va. Code § 61-11-26, a person whose record is expunged "shall not have to disclose the fact of the record" on an employment application, except for law enforcement, prosecution and corrections jobs. Federal rules still apply, including the FCRA background check process.

We found no West Virginia statute limiting employment credit checks, so the FCRA's steps govern; see our credit check laws guide. Two West Virginia limits do reach screening: § 21-5-5b bars requiring or requesting a lie detector examination of a prospective employee, except for jobs with direct access to controlled substances and for law enforcement, and § 21-5H-1 bars asking a potential employee for the password to a personal social media account or to open it in front of you.

Can you record or transcribe a job interview in West Virginia?

Yes, as a participant. W. Va. Code § 62-1D-3(e) makes it lawful to intercept a communication "where the person is a party to the communication or where one of the parties to the communication has given prior consent," unless the purpose is criminal or tortious. A violation is a felony carrying up to five years or a $10,000 fine, and the statute also bars disclosing "the identity of any party" to an unlawful recording, which matters when a candidate's search is confidential. See West Virginia recording consent law for interviews and, for candidates in all-party states, recording calls across state lines.

Does West Virginia regulate AI in hiring?

Not with a statute, as of October 2026. We found no West Virginia law requiring employers to disclose, audit or explain AI tools that screen candidates. The state's Task Force on Artificial Intelligence, under W. Va. Code § 5A-6-9, is charged with "assessing the use of artificial intelligence in the workforce" and recommending legislation; it sets no rules for employers. Anti-discrimination law still reaches the results of an AI screen. See our state-by-state AI hiring summary.

Can you drug test applicants in West Virginia?

Yes. Under the Safer Workplace Act, Article 21-3E, "it is lawful for an employer to test employees or prospective employees for the presence of drugs or alcohol" as a condition of hiring. To be protected from claims for acting in good faith on a result, the employer must follow the act's safeguards, starting with "a written policy which has been distributed to every employee subject to testing, and is available for review by prospective employees" (§ 21-3E-8). Testing is not required, and employers covered by other testing statutes, such as the mine safety rules in Chapter 22A, follow those instead.

Under § 16A-15-4(b), no employer may refuse to hire someone "solely on the basis of such employee's status as an individual who is certified to use medical cannabis," though employers need not allow use at work and may discipline for working under the influence. See our drug testing laws guide.

Does West Virginia require E-Verify?

Not generally, but it has its own verification duty. W. Va. Code § 21-1B-3(b) says employers "shall be required to verify a prospective employee's legal status or authorization to work prior to employing the individual," and § 21-1B-4 requires the proof to be kept at the place of employment. E-Verify itself is required only for new employees of service providers on the State Capitol Complex, under § 15-2D-3, and under federal contracts with the FAR clause. A 2026 E-Verify bill, HB 4198, never finished. See E-Verify requirements in West Virginia.

Which state withholding form does a new hire complete?

The WV/IT-104, Employee's Withholding Exemption Certificate, which the employee completes "to avoid any delay in adjusting the amount of state income tax to be withheld." The Tax Division's withholding questions and answers say every employer paying wages subject to the state income tax must withhold it. Residents of Kentucky, Maryland, Ohio, Pennsylvania or Virginia whose only West Virginia income is wages can file the WV/IT-104NR on the form's second page, which authorizes the employer to stop West Virginia withholding.

Which notices must a new West Virginia employee get at hire?

• Written pay notice. W. Va. Code § 21-5-9(1) requires employers to "notify his employees in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment," and to make vacation and sick leave policies available in writing or on a posted notice. The Division of Labor's notification fact sheet adds written notice at least one full pay period before later changes.
• Posters. The required posters page lists the Wage Payment and Collection Act and Minimum Wage Requirements posters as applying to all employers.
• Drug testing policy, if you test, distributed under § 21-3E-8.
• Background check consent. The FCRA's stand-alone disclosure and written authorization if an outside agency runs a check.

How do you report a new hire in West Virginia?

Through the West Virginia New Hire Reporting Center, for the Bureau for Child Support Enforcement. W. Va. Code § 48-18-125 says "employers shall submit a report within fourteen days of the date of the hiring, rehiring or return to work," or, for electronic filers, in two monthly transmissions 12 to 16 days apart. The report includes the employee's name, address, Social Security number and start date and the employer's name, address and federal tax ID. Independent contractors are reported once payments reach $2,500 in a year, and temporary agencies report each worker once, not per assignment. Report online, by file upload, or by mail or fax. Penalties are up to $25 per failure, or $500 for a conspiracy not to report.

The West Virginia hiring steps in order

1. Before the first hire: get the business registration certificate, register with WorkForce West Virginia once liable, and bind workers' compensation. Agencies placing people on clients' payrolls get Division of Labor approval and a license.
2. Posting: no West Virginia pay range rule, but check the rules of other states where remote candidates live.
3. Screening: criminal history questions are legal, but skip expunged records, social media passwords and lie detectors; follow the FCRA for checks.
4. Interview: a participant may record, but get consent when the candidate is in an all-party state.
5. Offer: drug test under a written policy if you test, and verify work authorization before the start date.
6. First day: Form I-9, W-4, WV/IT-104 (or IT-104NR), and the written notice of pay rate and paydays.
7. Within 14 days: report the hire to the New Hire Reporting Center.

Hiring in more than one state? The same checklist is available for Virginia, Pennsylvania, Ohio, South Carolina, South Dakota, Utah, Vermont, Wisconsin and Wyoming.