Question 1

Is PEO licensing required in West Virginia?

Accepted Answer

Yes. No person may provide, advertise, or hold out professional employer services in West Virginia without a license from the Insurance Commissioner (WV Code §33-46A-4). A limited license is available to out-of-state PEOs with no West Virginia office, no direct solicitation, and 50 or fewer covered employees in the state.

Question 2

What are the financial requirements for West Virginia PEOs?

Accepted Answer

West Virginia PEOs must maintain minimum working capital of $100,000. Alternatively, they may provide a bond, irrevocable letter of credit, or securities with a minimum market value of $100,000 held by a commissioner-designated depository. The security must be increased by any working capital deficit.

Question 3

What is the SUI taxable wage base in West Virginia?

Accepted Answer

The SUI taxable wage base in West Virginia is $9,500 per employee per year, which is higher than neighboring Virginia's $8,000 base. New in-state employers pay 2.7% for 36 months, reduced by 7% effective July 1, 2026 under SB 1053.

Question 4

What rate do foreign construction companies pay in West Virginia?

Accepted Answer

Foreign corporations or business entities in the construction trades pay 7.5% for the first 36 months before earning experience rating. This is nearly three times the standard 2.7% new-employer rate, so construction-heavy PEO clients should be priced accordingly.

Question 5

Does West Virginia have a paid family leave mandate?

Accepted Answer

No. West Virginia has no state paid family or medical leave program and no state disability insurance.

Question 6

What is the minimum wage in West Virginia?

Accepted Answer

The West Virginia minimum wage for 2026 is $8.75 per hour under WV Code §21-5C-2, which is the federal minimum wage rate.

West Virginia PEO FAQs: Insurance Commissioner Licensing and Limited License Option

Frequently Asked Questions