Question 1

What is the minimum wage in West Virginia?

Accepted Answer

$8.75 per hour (since January 1, 2016). The state minimum applies only where the employer has at least six non-exempt employees working at the same separate, permanent work location; otherwise the federal minimum of $7.25 may apply.

Question 2

What is the tipped minimum wage in West Virginia?

Accepted Answer

Employers covered by the state law may take a 70% tip credit, paying a cash wage of $2.62 per hour as long as cash wage plus reported tips reach $8.75. The employer must have written tip records completed by the employee. Only tip-eligible employees may share in a tip pool, and the employer may never take a share.

Question 3

What are the overtime rules in West Virginia?

Accepted Answer

Time and one-half for hours over 40 in a seven-day workweek. The state rule applies only to employers not covered by federal overtime law, with fewer than 80% of workers in interstate commerce, and with at least six non-exempt employees at one location; most other employers follow the federal FLSA, which has the same 40-hour standard.

Question 4

Are breaks required by law in West Virginia?

Accepted Answer

During a workday of six or more hours, employers must allow at least 20 minutes for a meal break, at times the employer reasonably sets. This applies where employees are not otherwise given breaks or allowed to eat while working. No separate rest-break requirement.

Question 5

When do I get my final paycheck if I'm fired in West Virginia?

Accepted Answer

On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement.

Question 6

When do I get my final paycheck if I quit in West Virginia?

Accepted Answer

On or before the next regular payday, the same as when fired.

Question 7

Does an employer have to pay out unused PTO in West Virginia?

Accepted Answer

Depends on the employer's written policy or agreement. Employers must tell employees in writing (or by posted notice) their policies on vacation pay, sick leave and similar matters, and fringe benefits due under an agreement must be paid according to its terms.

Question 8

How often must employees be paid in West Virginia?

Accepted Answer

At least twice a month, with no more than 19 days between paydays, unless a special agreement provides otherwise. At hiring, employers must tell employees in writing the pay rate and the day, hour and place of payment.

Question 9

Do employers have to give pay stubs in West Virginia?

Accepted Answer

Employers must give each employee an itemized statement of deductions for each pay period in which deductions are made.

Question 10

Where do I file a job discrimination complaint in West Virginia?

Accepted Answer

West Virginia Human Rights Commission. A complaint must be filed within 365 days of the most recent act of discrimination. You can call, write or visit the Commission to report discrimination.

Question 11

How do I apply for unemployment in West Virginia?

Accepted Answer

WorkForce West Virginia handles unemployment insurance. File a claim online through its unemployment claims site; general phone line 1-800-252-JOBS (WV Relay 711).

Minimum wage	$8.75 per hour (since January 1, 2016). The state minimum applies only where the employer has at least six non-exempt employees working at the same separate, permanent work location; otherwise the federal minimum of $7.25 may apply. No increase scheduled. Source: W. Va. Code ch. 21, art. 5C
Tipped minimum wage	Employers covered by the state law may take a 70% tip credit, paying a cash wage of $2.62 per hour as long as cash wage plus reported tips reach $8.75. The employer must have written tip records completed by the employee. Only tip-eligible employees may share in a tip pool, and the employer may never take a share. Source: W. Va. Code ch. 21, art. 5C
Overtime	Time and one-half for hours over 40 in a seven-day workweek. The state rule applies only to employers not covered by federal overtime law, with fewer than 80% of workers in interstate commerce, and with at least six non-exempt employees at one location; most other employers follow the federal FLSA, which has the same 40-hour standard. Source: W. Va. Code ch. 21, art. 5C
How often you must be paid	At least twice a month, with no more than 19 days between paydays, unless a special agreement provides otherwise. At hiring, employers must tell employees in writing the pay rate and the day, hour and place of payment. Source: W. Va. Code §§ 21-5-3(a), 21-5-9
Pay stubs	Employers must give each employee an itemized statement of deductions for each pay period in which deductions are made. Source: W. Va. Code § 21-5-9(4)

Final paycheck if fired or laid off	On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement. Source: W. Va. Code § 21-5-4(b)
Final paycheck if you quit	On or before the next regular payday, the same as when fired. Source: W. Va. Code § 21-5-4(b)
Unused vacation / PTO payout	Depends on the employer's written policy or agreement. Employers must tell employees in writing (or by posted notice) their policies on vacation pay, sick leave and similar matters, and fringe benefits due under an agreement must be paid according to its terms. Source: W. Va. Code §§ 21-5-4(b), 21-5-9(3)
Unemployment benefits	WorkForce West Virginia handles unemployment insurance. File a claim online through its unemployment claims site; general phone line 1-800-252-JOBS (WV Relay 711). Source: WorkForce West Virginia

West Virginia Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

Quick answers for West Virginia

Pay

Breaks and leave

Leaving a job

Firing, retaliation and discrimination

Where to get help in West Virginia

Employment Law FAQ

More West Virginia law