• Both state and federal laws protect assisted living employees in West Virginia.elderly women image by leafy from Fotolia.com
  
  Assisted living facilities offer elderly residents more independence than is possible in a traditional nursing home. Nurses and assisted living employees make this kind of care possible by helping with specific activities of daily living (ADLs) tailored to each individual resident. These employees are protected by many of the same labor laws as all employees in West Virginia, though there are slight differences.
  
  

Minimum Wage

• As of October of 2010, both the West Virginia state and the federal government guaranteed a minimum wage of $7.25 an hour. This labor law applies to assisted living workers in the state. If an employee is paid according to a salary, the total amount of money divided by the number of hours worked in a year must be greater than or equal to $7.25.
  
  

Overtime

• Typically, workers in West Virginia and across the United States are guaranteed overtime pay after 40 hours in a week. This means that employers are responsible for paying employees regular wages plus one-half for all hours worked over 40 in a single week. However, some assisted living employees may not be eligible for overtime. Many residential care employees work erratic hours in two-week schedules. If such an employment contract exists, assisted living workers are only entitled to overtime wages after 80 hours every two weeks. Additionally, employers cannot require nurses and assisted living workers to work overtime in West Virginia, as they may in other professions, because this practice was deemed to be potentially harmful to the nurses and to those they care for.
  
  

Breaks

• Unlike many states, West Virginia labor laws stipulate that employers must provide breaks to employees. After six consecutive hours worked, employers must provide at least one 20-minute meal period. This labor law applies to all assisted living employees. Additionally, any breaks that are 20 minutes or less in length must be counted as hours worked, which may be an incentive for employers to provide meal periods that are longer than 20 minutes.
  
  

Safety

• West Virginia's Occupational Safety and Health Administration (OSHA) division guarantees safe working conditions for all employees in the state. For assisted living employees, this includes appropriate safety precautions when it comes to cleanliness and the disposal of biohazardous waste. Any employee who feels an employer is not providing safe conditions may file a formal complaint with the state OSHA.