West Virginia Wage Bond
What it is & who requires it
West Virginia employers engaged in construction work or the severance, production, or transportation of minerals — most commonly newer or out-of-state contractors — who must post a wage bond with the Division of Labor before starting work, securing their employees' wages and fringe benefits. Employers actively in business out of state for at least five years, holding assets above the statute's asset threshold, or qualifying as a subsidiary of an established parent are exempt, and the Commissioner may waive the bond for an employer of sufficient financial responsibility. It is a wage/employer bond rather than a contractor-license bond, but it is the bond West Virginia construction contractors most often must post — so it is included here, labeled accurately.
Obligee: West Virginia Division of Labor (Commissioner of Labor). Citation: W. Va. Code §21-5-14.
Bond amount
Codified by W. Va. Code §21-5-14: the penal sum equals the employer's gross payroll for four weeks at full capacity or production, plus fifteen percent of that four-week total. It rises and falls with the employer's payroll.
How to get it
This bond is individually underwritten, so it is not issued instantly. Request a quote and a licensed producer follows up to walk you through it.
Request a bond quote
Tell us about the bond and the project. A licensed producer follows up — these bonds are individually underwritten, so they are not issued instantly.
Term & renewal
Term: Continuous; held while the employer is engaged in covered construction or mineral work, until the Commissioner approves termination.
Renewal: Adjusted as payroll rises or falls; maintained until released by the Commissioner.
Filing
West Virginia requires this wage bond be posted with the Division of Labor before covered construction or mineral work begins, securing your employees’ wages and fringe benefits (Authority: W. Va. Code §21-5-14). The amount is set by a payroll formula rather than a fixed figure, and it is adjusted as payroll rises or falls and held until the Commissioner approves its release. The obligation can be met by a surety bond, collateral, an irrevocable letter of credit, or escrow, and a copy is filed with the county circuit clerk.
Source
Verified against the obligee source (last checked 2026-06-11).
Related West Virginia bonds
Frequently asked questions
- Who requires the West Virginia Wage Bond?
- It’s required by West Virginia Division of Labor (Commissioner of Labor) (W. Va. Code §21-5-14). West Virginia employers engaged in construction work or the severance, production, or transportation of minerals — most commonly newer or out-of-state contractors — who must post a wage bond with the Division of Labor before starting work, securing their employees' wages and fringe benefits. Employers actively in business out of state for at least five years, holding assets above the statute's asset threshold, or qualifying as a subsidiary of an established parent are exempt, and the Commissioner may waive the bond for an employer of sufficient financial responsibility. It is a wage/employer bond rather than a contractor-license bond, but it is the bond West Virginia construction contractors most often must post — so it is included here, labeled accurately.
- How much is the West Virginia Wage Bond?
- Codified by W. Va. Code §21-5-14: the penal sum equals the employer's gross payroll for four weeks at full capacity or production, plus fifteen percent of that four-week total. It rises and falls with the employer's payroll.
- How do I get the West Virginia Wage Bond?
- This bond is individually underwritten, so it is not issued instantly. Request a quote and a licensed producer follows up to walk you through it.
- What is the term?
- Continuous; held while the employer is engaged in covered construction or mineral work, until the Commissioner approves termination. Renewal: Adjusted as payroll rises or falls; maintained until released by the Commissioner.
- Is this bond insurance for me?
- No. It protects the obligee and the public — not you. If a valid claim is paid, you repay the surety.
- How is this requirement verified?
- We verify it against the obligee’s primary source (last checked 2026-06-11); the source link is on this page.
