Minimum Wage $8.75 PER HOUR
West Virginia's minimum wage is $8.75 per hour. That rate is higher than the federal $7.25 minimum wage, but West Virginia's state minimum-wage law generally applies only when the employer has six or more non-exempt employees at the same separate, distinct, and permanent work location.
West Virginia allows a tip credit. Tipped employees may be paid a cash wage as low as $2.62 per hour, but tips must bring the worker's total pay to at least $8.75 per hour. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
West Virginia has its own overtime law, but coverage depends on the employer and the work involved. Covered employees must be paid one and a half times their regular rate for hours actually worked over 40 in a seven-day workweek.
At West Virginia's $8.75 minimum wage, the overtime rate is $13.13 per hour. Overtime is calculated by workweek, not by day. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.
Meal & Rest Breaks 20 MIN AFTER 6 HRS
West Virginia generally requires employers to make available at least a 20-minute meal break during a workday of six or more hours. The break must be provided at a time reasonably designated by the employer.
The meal-break rule does not apply when the nature of the work allows employees to take necessary breaks or eat while working. Because 20-minute breaks are short, they are generally treated as paid time under federal wage rules.
Final Paycheck NEXT PAYDAY
When a West Virginia employee quits, is discharged, is laid off, or is suspended because of a labor dispute, earned wages are generally due no later than the next regular payday, either through the regular pay channels or by mail if requested.
West Virginia law may allow liquidated damages for certain unpaid final wages, but separated employees generally must first send a written demand to the employer before seeking liquidated damages or attorney's fees. If the employer failed to provide the required written notice telling the employee where to send the demand, that demand requirement may not apply.
Filing a Claim 2-3 YEAR WINDOW
West Virginia workers may file certain wage complaints with the West Virginia Division of Labor or pursue a claim in court. Claims may involve unpaid minimum wages, overtime, final paychecks, unauthorized deductions, commissions, or other wage-payment issues.
Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations. The deadline can depend on the claim being brought and whether the worker proceeds under state law, federal law, or both.
Employee Misclassification COMMON VIOLATION
Some West Virginia employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for West Virginia workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.