Wage & Hour Undocumented Workers

Verifying the Legal Employment Status of Workers

The West Virginia Division of Labor, Wage & Hour Section, is the agency responsible for the enforcement of the Verifying Legal Employment Status of Workers Act ("the Act”), which is otherwise known as the Undocumented Worker Law. Employer responsibilities under the Act include obtaining, and making record of, identification for every prospective employee as verification of his or her legal status to work in the United States. Any individual that does not produce the documentation necessary to verify his or her legal status to work is to be considered ineligible for hire.

Division enforcement responsibilities include the inspection of employer records to ensure the required documentation is not only collected but maintained as part of each employee’s record. In addition to making a determination concerning employer compliance relating to whether proper documentation was obtained, the Division is also responsible for reporting the number of employees found working at each business establishment to the West Virginia State Tax Department, Workforce West Virginia and the West Virginia Insurance Commission.

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Undocumented Worker Rules

Undocumented Worker Statute 


1900 Kanawha Boulevard East | State Capitol Complex - Building 3, Room 200 | Charleston, WV 25305
Ph: (304) 558-7890

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