“The Right to Disconnect: Examining West Virginia’s Approach to Work-Life Balance and Labor Laws”

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"The Right to Disconnect: Examining West Virginia's Approach to Work-Life Balance and Labor Laws"

West Virginia lacks a “right to disconnect” law mandating employees ignore work communications outside hours, unlike emerging policies in states like New York or Portugal. Instead, its labor framework emphasizes at-will employment with right-to-work protections since 2016, prioritizing employer flexibility over mandated off-duty disconnection.​

Labor Law Basics

State law allows termination without cause except for public policy violations (e.g., whistleblowing retaliation), with no statutory caps on work hours beyond federal FLSA overtime rules for non-exempt workers. Employers must provide meal breaks for minors and comply with wage payment timelines, but adult employees have no guaranteed “off” time from emails or calls absent contracts.​

Pending 2026 bills focus on issues like helmet repeal or AI in hiring, not disconnection rights. Cultural pushes for balance rely on company policies; unions (weakened by right-to-work status) negotiate such terms voluntarily. Employees can seek adjustments via ADA for health-related needs, but broad after-hours protections remain absent.

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