Minimum Wage in West Virginia
The current West Virginia minimum wage, the tipped wage, scheduled increases and overtime rules, from the official source.
Short 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; W. Va. Code ch. 21, art. 5C
| 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 |
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| 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 |
Where to get help in West Virginia
More West Virginia employment law
- Final Paycheck Laws in West Virginia
- Meal and Rest Break Laws in West Virginia
- Wrongful Termination in West Virginia
- All West Virginia employment law rules
FAQ
What is the minimum wage in West Virginia?
$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.
What is the tipped minimum wage in West Virginia?
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.
What are the overtime rules in West Virginia?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.