West Virginia: Employee Expense Reimbursement Requirements
The short answer
West Virginia has no general statute requiring reimbursement of every necessary employee business expense. A narrow law instead bars a covered employer from requiring an employee or applicant to pay for a medical examination as a condition of employment. The Commissioner of Labor enforces the rule, and each violation carries a penalty of up to $100.
Ask Ezel about your situation
This is the general rule in West Virginia. Ezel applies current West Virginia law to your specific facts and answers with citations to the statutes.
| Governing law and coverage | No general Chapter 21 business-expense mandate; W. Va. Code § 21-3-17 narrowly covers listed employers, employees, and applicants charged for condition-of-employment medical examinations |
|---|---|
| Reimbursable expense standard | Only the cost of a medical examination imposed as a condition of employment (§ 21-3-17(c)); § 21-5C-3(b)(2) is an overtime regular-rate exclusion, not a general reimbursement standard |
| Authorization, direction, and primary benefit | Narrow rule turns on the employer requiring the medical examination as a condition of employment; no general authorization, direction, primary-benefit, preapproval, or ratification test |
| Excluded losses and employee fault | No general negligence, ordinary-risk, wear, theft, commuting, or personal-cost schedule; cited medical-examination rule states no employee-fault exception |
| Request deadline and documentation | No reimbursement request, receipt, itemization, certification, submission deadline, or missing-document substitute stated for the covered examination cost |
| Employer policy, preapproval, and caps | A covered employer cannot require the employee or applicant to pay the condition-of-employment examination cost; no general policy cap, specification, deadline-extension, de minimis, or waiver framework |
| Payment deadline, method, and interest | Statute bars shifting the covered examination cost but states no reimbursement clock, payroll method, advance procedure, stipend, or interest rule |
| Enforcement and remedies | Commissioner of Labor enforcement; penalty up to $100 for each violation (§ 21-3-17(d)); cited section states no private damages, attorney-fee, interest, or limitations formula |
Compare this rule across all 50 states + DC →
Requirements one by one
West Virginia's direct rule is limited to medical examinations
The current Chapter 21 labor compilation does not state a general requirement
that an ordinary private employer repay every necessary or reasonable employee
business expense. W. Va. Code § 21-3-17(c) instead addresses one specific cost:
a medical examination that an employer makes a condition of employment.
The employer may not require an employee or applicant to pay that examination
cost. The section does not extend this prohibition into a general mileage,
travel, phone, home-office, tool, supply, uniform, or employee-loss
reimbursement mandate.
The rule covers listed employers, employees, and applicants
W. Va. Code § 21-3-17(a) defines employer to include individuals,
partnerships, associations, corporations, specified legal or insolvency
representatives, and common carriers doing business or operating in the state.
Subsection (b) defines employee as a person permitted, required, or directed by
such an employer to work for direct or indirect gain or profit. Subsection (c)
also expressly protects applicants for employment.
The overtime language is not a separate reimbursement mandate
W. Va. Code § 21-5C-3(b)(2) excludes reasonable travel and other expenses that
are incurred in furtherance of the employer's interests and “properly
reimbursable by the employer” from the regular rate used for overtime. That
provision classifies qualifying payments for overtime calculations; it does not
say that every work-related expense must be reimbursed.
Enforcement is administrative and penalty-based
Under W. Va. Code § 21-3-17(d), an employer that violates the medical-
examination rule is liable for a penalty of no more than $100 for each
violation. The Commissioner of Labor has the duty to enforce the section.
The cited section does not state a separate private damages amount, attorney-
fee award, reimbursement interest rate, or limitations period for the employee
or applicant.
What trips people up
The statute prohibits making the worker or applicant pay the covered medical-
examination cost. It does not create an expense-report procedure with receipts,
a submission deadline, a payment clock, or a mileage rate.
The phrase “properly reimbursable by the employer” in the overtime statute can
also be misleading when read by itself. Its function is to identify payments
excluded from the regular rate, not to define a universal reimbursement right.
Common questions
Must a West Virginia employer reimburse ordinary business mileage?
No general private-sector mileage right or rate appears in the current Chapter
21 provisions reviewed for this topic. Public travel schedules, tax rules, and
workers' compensation mileage answer different questions.
Can an employer charge an applicant for a required medical examination?
No. W. Va. Code § 21-3-17(c) bars a covered employer from requiring an applicant
to pay for a medical examination imposed as a condition of employment.
Does the employee have to submit a receipt within a fixed time?
The cited medical-examination section states no employee request form, receipt
requirement, or submission deadline. It directly prohibits shifting the covered
cost to the employee or applicant.
What can happen if the employer violates the rule?
The Commissioner of Labor enforces the section, and the employer may owe a
penalty of up to $100 for each violation under § 21-3-17(d).
Statutes and sources
- W. Va. Code § 21-3-17. Defines covered employers and employees, bars an
employer from requiring an employee or applicant to pay for a condition-of-
employment medical examination, and sets enforcement and the per-violation
penalty. Official text, accessed
July 14, 2026. - W. Va. Code § 21-5C-3(b)(2). Excludes qualifying travel and other expense
payments from the overtime regular rate. Official text,
accessed July 14, 2026. - West Virginia Code chapter 21, article 3. The official compilation is
dated July 14, 2026. Official compilation,
accessed July 14, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how West Virginia handles this in general. Ezel applies current West Virginia law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.