West Virginia Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 10, 2026
Last Reviewed: February 10, 2026
Applicable Period: 2026
Jurisdiction: State of West Virginia, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- West Virginia Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in West Virginia
- Current Minimum Wage Rates in West Virginia 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in West Virginia
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- West Virginia Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in West Virginia establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, West Virginia maintains a minimum wage of $8.75 per hour, which applies to employers with six or more non-exempt employees working at any one separate, distinct, and permanent work location.
Minimum wage regulations in West Virginia operate under West Virginia Code § 21-5C alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. West Virginia allows a 70% tip credit for tipped employees, and no local jurisdictions have enacted higher minimum wage ordinances due to state preemption.
This page provides an authoritative overview of West Virginia minimum wage law for 2026, including current rates, employer size requirements, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| West Virginia Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | $8.75/hour | January 1, 2016 | WV Code § 21-5C-2 |
| Employer size requirement | 6+ employees per location | Ongoing | WV Code § 21-5C-1(e) |
| Tipped cash wage | $2.62/hour | January 1, 2016 | WV Division of Labor |
| Maximum tip credit | $6.13/hour (70%) | January 1, 2016 | WV Code § 21-5C-2 |
| Training wage (under 20) | $6.40/hour | January 1, 2015 | WV Code § 21-5C-2(b) |
| Next scheduled increase | None | N/A | WV Division of Labor |
| Rate adjustment mechanism | Fixed (requires legislation) | — | WV Code § 21-5C-2 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | U.S. Department of Labor |
| Local minimum wages | Prohibited | — | State preemption |
Last verified: February 10, 2026 via West Virginia Division of Labor website
Overview of Minimum Wage Law in West Virginia
Legal Authority
West Virginia minimum wage requirements are established under West Virginia Code Chapter 21, Article 5C – Minimum Wage and Maximum Hours Standards for Employees. The West Virginia Division of Labor, Wage and Hour Section, administers and enforces minimum wage regulations in West Virginia. The state minimum wage law was enacted in 1966 and has been amended multiple times, most recently establishing the $8.75 rate effective January 1, 2016.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. West Virginia law operates independently while referencing federal standards. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
Because West Virginia’s minimum wage of $8.75 exceeds the federal minimum, most covered employers with six or more employees per location must comply with the state rate. Employers with fewer than six employees at a location may still be subject to federal minimum wage requirements under the FLSA.
Coverage Scope
West Virginia minimum wage law applies to employers with six or more non-exempt employees working at any one separate, distinct, and permanent work location. This six-employee threshold is calculated per work location, not company-wide. An employer may have multiple locations, some meeting the six-employee requirement and others not, resulting in different minimum wage obligations for different work sites.
Employers not subject to state minimum wage requirements due to the six-employee threshold but covered by federal law must comply with FLSA standards requiring payment of at least $7.25 per hour.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal or state. In West Virginia, this means employers must identify and apply whichever minimum wage rate provides employees the highest hourly compensation. For employers with six or more employees at a location, the state rate of $8.75 applies. For smaller employers covered by federal law, the $7.25 federal rate applies.
Current Minimum Wage Rates in West Virginia 2026
Standard Hourly Minimum Wage
As of January 1, 2016, the standard minimum wage in West Virginia is $8.75 per hour for covered employees. This rate applies to employers with six or more non-exempt employees working at any one separate, distinct, and permanent work location.
The rate has remained unchanged since 2016. West Virginia law provides that when the federal minimum wage equals or exceeds the state rate, the state minimum wage will automatically adjust to match the federal rate. However, because the federal minimum wage of $7.25 is currently lower than West Virginia’s $8.75, no automatic adjustment has occurred.
Employer Size Requirements
West Virginia establishes different minimum wage obligations based on the number of employees at each work location:
Employers with 6+ employees at a location: $8.75 per hour
Effective: January 1, 2016
Authority: WV Code § 21-5C-2(a)(5)
Employers with fewer than 6 employees at a location: Federal rate applies
Rate: $7.25 per hour (if covered by FLSA)
Note: Employers covered by the Fair Labor Standards Act must still pay at least the federal minimum wage of $7.25 per hour even if exempt from state requirements.
These size-based requirements recognize different operational scales. Employer size is determined by counting non-exempt employees at each separate, distinct, and permanent work location during any calendar week. The six-employee threshold must be met at each individual location for state minimum wage requirements to apply.
For employers with multiple locations, it is possible for some employees to be covered by state minimum wage requirements while others at different locations are not, depending on whether each location meets the six-employee threshold.
Training Wage Provisions
West Virginia permits reduced wage rates for certain young workers during initial employment:
Training Wage
- Rate: $6.40 per hour
- Eligibility: Employees under age 20, first hired after December 31, 2014
- Duration: First 90 days of employment
- Authority: WV Code § 21-5C-2(b)
Extended Training Period for New Businesses:
If a business has not been in operation for more than 90 days at the time the employer hired the employee, the employer may pay the training wage for an additional period not to exceed 90 days.
After the training period expires, employers must pay at least the full standard minimum wage of $8.75 per hour. West Virginia’s training wage provisions defer to federal standards when federal subminimum training wage rates are equal to or greater than state requirements.
Scheduled Increases
No further minimum wage increases are currently scheduled in West Virginia. The minimum wage will remain at $8.75 per hour unless modified by future legislation. West Virginia law does provide that the state minimum wage will automatically adjust if the federal minimum wage exceeds the state rate, but no federal increase is currently scheduled.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
West Virginia permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage.
Cash wage requirement: $2.62 per hour
Maximum tip credit: $6.13 per hour (70% of minimum wage)
Total minimum compensation: $8.75 per hour (cash wage + tips)
Who Qualifies as a Tipped Employee
Under West Virginia law, a tipped employee is an employee who customarily and regularly receives tips. The West Virginia Division of Labor recognizes that qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Other service employees who customarily receive gratuities
Employer Obligations for Tipped Workers
Employers who take a tip credit must:
- Ensure total compensation (cash wage plus tips) equals or exceeds $8.75 per hour for all hours worked
- Pay the difference if an employee’s tips fail to bring total compensation to the minimum wage
- Maintain accurate records of employee tips and hours worked
- Provide documentary evidence that the employee is receiving at least 70% of the minimum wage in gratuities
- Keep records at the place of business for at least two years
According to West Virginia Division of Labor guidance, employers must keep accurate records of employees’ tips to qualify for the tip credit.
Meal Credits
West Virginia law permits employers to take meal credits under specific circumstances:
Full-day meal credit: Employers may deduct $4.00 per day as a meal credit when an employee works a full eight hours and meals are made available, without obtaining written authorization.
Partial-day meal credit: If the employee works less than eight hours but still eats a meal, the employer may deduct $0.50 per hour as a meal credit.
Important limitation: If the employee does not eat the meal provided, the employer may not take a meal credit deduction.
Local Minimum Wage Ordinances in West Virginia
West Virginia law prohibits cities and counties from enacting their own minimum wage rates that differ from the state minimum wage. All employers in West Virginia with six or more employees at a work location must comply with the uniform statewide rate of $8.75 per hour.
State Preemption of Local Wage Ordinances
West Virginia has preempted local regulation of minimum wage, preventing municipalities from establishing higher rates or imposing additional wage requirements beyond state law. In 2021, the West Virginia Legislature enacted Senate Bill 303, which explicitly prohibited local governmental entities from requiring businesses within their borders to pay more than the state-mandated minimum wage.
This preemption law retroactively voided any pre-existing local ordinances and regulations that conflicted with state minimum wage standards. As a result, no cities or counties in West Virginia have enacted minimum wage rates exceeding the statewide $8.75 rate.
Uniform Statewide Application
The prohibition on local minimum wage ordinances means employers can maintain consistent wage structures across all West Virginia locations. Whether operating in Charleston, Morgantown, Huntington, or rural counties, employers with six or more employees at a location must comply with the same $8.75 state minimum wage rate.
For employers expanding to multiple locations within West Virginia, this uniformity simplifies compliance by eliminating the need to track varying local wage requirements.
Who Is Covered and Who Is Exempt
Employees Covered by West Virginia Minimum Wage
West Virginia minimum wage law covers employers with six or more non-exempt employees at any one separate, distinct, and permanent work location. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses meeting the six-employee threshold
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for overtime exemption
- Hourly employees: Workers compensated on an hourly basis
- Temporary and seasonal workers: If employed at locations with six or more non-exempt employees
- Minor employees: Workers under age 18 (subject to training wage provisions for those under 20)
- State employees: All individuals employed by the State of West Virginia, its agencies and departments
Exemptions from Minimum Wage Requirements
The following categories of employees are exempt from West Virginia minimum wage requirements under WV Code § 21-5C-1(f):
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests. These exemptions generally follow federal FLSA standards.
Outside Sales Employees
Traveling salesmen and outside salesmen whose primary duty is making sales away from the employer’s place of business may be exempt from minimum wage requirements.
Specific Occupations Excluded from “Employee” Definition:
- Individuals employed by the United States government
- Volunteers in educational, charitable, religious, fraternal, or nonprofit activities where the employee/employer relationship does not exist
- Newsboys and shoeshine boys
- Golf caddies
- Pin-boys and pin chasers in bowling alleys
- Services performed by an individual in the employ of his or her parent, son, daughter, or spouse
- Individuals involved in on-the-job training (vocational programs)
- Handicapped individuals working in nonprofit sheltered workshops
- Individuals working in boys or girls summer camps
- Any person 62 years of age or older receiving social security retirement benefits while employed by a nonprofit organization
- Students working 24 hours or less per week
- Employees of local interurban motorbus carriers
- Any employee under federal Department of Transportation regulations
- Those employed on a per diem basis by the West Virginia State Senate, House of Delegates, or the Joint Committee on Government and Finance
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, West Virginia applies tests to determine independent contractor status, and misclassification may result in penalties and back wages.
Small Employer Threshold
Employers with fewer than six non-exempt employees working at any one separate, distinct, and permanent work location are not subject to West Virginia’s state minimum wage of $8.75. However, these employers may still be covered by the federal Fair Labor Standards Act, requiring payment of at least $7.25 per hour to covered employees.
The six-employee threshold is calculated per work location, not company-wide. Multi-location employers may find that some locations meet the threshold while others do not.
Employer Obligations and Enforcement
Employer Compliance Obligations
Employers subject to West Virginia minimum wage law must:
- Pay the applicable minimum wage for all hours worked
- Maintain accurate payroll records at the place of business for at least two years, including:
- Employee names and addresses
- Rate of pay
- Hours of employment
- Payroll deductions
- Amount paid each pay period
- Display required posters informing employees of minimum wage rates
- Issue compliant wage statements showing gross wages, deductions, and net pay
- Pay wages at least twice per month with no more than 19 days between paydays
- Meet recordkeeping requirements for at least two years per WV Code § 21-5C-5
Enforcement of Minimum Wage Law
The West Virginia Division of Labor, Wage and Hour Section, enforces minimum wage requirements in West Virginia. The agency:
- Investigates wage complaints filed by employees
- Conducts routine compliance inspections
- Issues citations and orders for wage violations
- Collects unpaid wages on behalf of employees
- Refers cases for prosecution when appropriate
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the West Virginia Division of Labor through:
- Online: File a Request for Assistance (RFA) form through the Division of Labor website
- Phone: (304) 558-7890
- Email: wageandhour@wv.gov
- Mail: West Virginia Division of Labor, Wage and Hour Section, Building 3, Room 200, State Capitol Complex, Charleston, WV 25305
West Virginia law prohibits retaliation against employees who file wage complaints or cooperate with investigations.
Penalties for Minimum Wage Violations
Employers who violate West Virginia minimum wage law may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked. Under WV Code § 21-5C-8, any employer who pays an employee less than the applicable wage rate is liable to the employee for unpaid wages.
Unenforceable Agreements: Any agreement by an employee to work for less than the applicable wage rate is declared by West Virginia law to be against public policy and unenforceable.
Civil Actions: Employees or the Commissioner of Labor may bring legal action necessary to recover unpaid wages. The Commissioner has the power to settle and adjust claims with the consent of the employee.
Attorney Fees and Costs: Courts may assess costs of the action, including reasonable attorney fees, against employers found to have violated minimum wage requirements. When the Commissioner brings action, attorney fees are remitted to the State Treasurer.
Record of Violations: Employers found in violation of minimum wage laws may be subject to increased scrutiny and oversight by the Division of Labor.
West Virginia Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000.
When State Law Applies
Because West Virginia’s minimum wage of $8.75 exceeds the federal minimum, most employees working at locations with six or more non-exempt employees in West Virginia are entitled to the higher state rate. The federal minimum serves as a fallback for:
- Employers with fewer than six employees at a work location who are covered by federal law
- Employees at work locations not meeting the six-employee threshold
- Situations where federal coverage exists but state coverage does not
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal or state—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Determine if the employer has six or more non-exempt employees at the work location
- If yes, apply the West Virginia minimum wage of $8.75 per hour
- If no, determine if federal FLSA coverage applies
- If federal coverage applies, pay at least $7.25 per hour
- Always pay the higher applicable rate
Automatic Adjustment Provision
West Virginia law provides that when the federal minimum wage equals or exceeds the state minimum wage, West Virginia’s rate will automatically adjust to match the federal rate. This ensures the state minimum wage will never fall below the federal floor. However, the provision does not extend or modify the scope of coverage, and West Virginia’s six-employee threshold remains in effect regardless of federal rate changes.
| Regional Minimum Wage Context | |
|---|---|
| West Virginia’s minimum wage of $8.75 compared to surrounding states (2026) | |
| State | 2026 Rate |
| West Virginia | $8.75 |
| Virginia | $12.41 |
| Kentucky | $7.25 (federal) |
| Ohio | $10.70 |
| Pennsylvania | $7.25 (federal) |
| Maryland | $15.00 |
West Virginia’s rate exceeds the federal minimum of $7.25 but is lower than neighboring Virginia ($12.41), Ohio ($10.70), and Maryland ($15.00). Kentucky and Pennsylvania apply the federal minimum wage rate. West Virginia is one of eight states with minimum wage laws above the federal rate that did not raise their minimum wages in 2026 due to the absence of automatic inflation adjustments.
Note: Rates shown are standard minimum wages and may not reflect local or industry-specific variations in other states.
Minimum Wage Posting Requirements
West Virginia law requires employers to display an official minimum wage notice in a conspicuous location accessible to all employees. The poster must include current wage rates, employee rights, and contact information for the West Virginia Division of Labor.
Where to obtain posters:
- Download from West Virginia Division of Labor Required Posters page
- Direct download: Minimum Wage Requirements Poster
- Available in English (Spanish translations may be required in certain circumstances)
Posting locations: The notice must be posted at each workplace location where employees can readily see it, typically near time clocks, in break rooms, or at other prominent locations accessible to all employees.
Which employers must post: All employers subject to West Virginia minimum wage law (those with six or more non-exempt employees at a work location) must display the minimum wage poster. Even employers with fewer than six employees should consider posting federal wage information if covered by the FLSA.
Compliance: Failure to display required posters may result in citations from the West Virginia Division of Labor. Employers must update posters when minimum wage rates change or when new poster versions are issued.
Frequently Asked Questions: Minimum Wage in West Virginia 2026
What is the minimum wage in West Virginia in 2026?
The minimum wage in West Virginia is $8.75 per hour as of January 1, 2016, and remains unchanged in 2026. This rate applies to employers with six or more non-exempt employees working at any one separate, distinct, and permanent work location.
When is the next minimum wage increase in West Virginia?
No minimum wage increases are currently scheduled in West Virginia. The rate will remain $8.75 per hour unless changed by future legislation. West Virginia law provides for automatic adjustment if the federal minimum wage exceeds the state rate, but no federal increase is scheduled.
Does West Virginia allow tip credit?
Yes, West Virginia permits employers to pay tipped employees a cash wage of $2.62 per hour, with up to $6.13 in tip credit (70% of minimum wage), provided total compensation reaches $8.75 per hour. Employers must maintain accurate tip records and ensure employees receive at least minimum wage when tips are combined with cash wages.
Are there different minimum wages in different cities in West Virginia?
No, West Virginia law prohibits cities and counties from enacting minimum wages different from the state rate. West Virginia maintains a uniform statewide minimum wage of $8.75 for employers with six or more employees at a location. Local jurisdictions cannot establish higher rates due to state preemption enacted in 2021.
Who is exempt from minimum wage in West Virginia?
Common exemptions from West Virginia minimum wage include executive, administrative, and professional employees meeting salary and duties tests, outside sales employees, volunteers in nonprofit activities, newsboys, golf caddies, individuals employed by their parent/child/spouse, students working 24 hours or less per week, and certain other occupations listed in state law. Independent contractors are not covered.
What happens if an employer pays below minimum wage in West Virginia?
Employers who pay below minimum wage face back wage liability for unpaid amounts, potential civil actions by employees or the Commissioner of Labor, and assessment of attorney fees and costs. Agreements to work for less than minimum wage are void as against public policy. The West Virginia Division of Labor investigates complaints and can pursue legal action to recover unpaid wages.
Do small businesses have to pay minimum wage in West Virginia?
Employers with six or more non-exempt employees at any one work location must pay West Virginia’s minimum wage of $8.75. Employers with fewer than six employees at a location are exempt from state minimum wage but may still be required to pay the federal minimum wage of $7.25 if covered by the Fair Labor Standards Act.
Is West Virginia’s minimum wage higher than the federal minimum?
Yes, West Virginia’s minimum wage of $8.75 is $1.50 higher than the federal minimum wage of $7.25. Employers with six or more employees at a work location in West Virginia must pay the higher state rate.
How often does West Virginia increase its minimum wage?
West Virginia’s minimum wage is set by legislation and does not automatically adjust for inflation. Changes require new laws to be enacted by the West Virginia Legislature. The rate has remained $8.75 since January 1, 2016. State law provides for automatic adjustment only if the federal minimum wage exceeds the state rate.
Can employers pay less than minimum wage during training?
Yes, West Virginia permits employers to pay a training wage of $6.40 per hour to employees under age 20 during their first 90 days of employment (or up to 180 days if the business itself has been operating for fewer than 90 days). After the training period, employers must pay the full minimum wage of $8.75.
How to file a minimum wage complaint in West Virginia
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the West Virginia Division of Labor. Filing methods include:
- Online portal: File a Request for Assistance (RFA) form at labor.wv.gov
- Phone: (304) 558-7890
- Email: wageandhour@wv.gov
- Mail: West Virginia Division of Labor, Wage and Hour Section, Building 3, Room 200, State Capitol Complex, Charleston, WV 25305
The Division of Labor will investigate the complaint and may recover unpaid wages on behalf of the employee. West Virginia law prohibits employer retaliation against workers who file wage complaints or participate in investigations.
Do remote workers in West Virginia get the West Virginia minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in West Virginia at work sites with six or more non-exempt employees are typically entitled to West Virginia’s minimum wage of $8.75, even if their employer is based in another state. Remote workers at locations with fewer than six employees may be subject to federal minimum wage requirements.
How does the six-employee requirement work in West Virginia?
The six-employee threshold applies to each separate, distinct, and permanent work location, not company-wide. An employer must count non-exempt employees during any calendar week at each individual location. If a location has six or more non-exempt employees, all employees at that location must receive at least $8.75. Locations with fewer than six employees are exempt from state minimum wage but may still be covered by federal law.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| West Virginia Minimum Wage – Source Verification (2026) | ||
|---|---|---|
| Source | Last Verified | Full URL |
| West Virginia Code § 21-5C (Minimum Wage) | February 10, 2026 | https://code.wvlegislature.gov/21-5C/ |
| WV Division of Labor – Minimum Wage | February 10, 2026 | https://labor.wv.gov/wage-hour/jobs-act/minimum-wage |
| WV Division of Labor – Wage & Hour Section | February 10, 2026 | https://labor.wv.gov/wage-hour-section |
| WV Minimum Wage & Maximum Hour FAQs | February 10, 2026 | https://labor.wv.gov/Wage-Hour/Minimum_Wage/Pages/Minimum-Wage-and-Maximum-Hour-FAQs.aspx |
| WV Required Employment Posters | February 10, 2026 | https://labor.wv.gov/pages/required-posters.aspx |
| WV Minimum Wage Poster (PDF) | February 10, 2026 | https://labor.wv.gov/Wage-Hour/Minimum_Wage/Documents/MINIMUM%20WAGE%20POSTER%202018.pdf |
| WV Wage Payment & Collection FAQ | February 10, 2026 | https://labor.wv.gov/Wage-Hour/Wage_Collection/Pages/FAQs.aspx |
| U.S. Department of Labor – State Minimum Wages | February 10, 2026 | https://www.dol.gov/agencies/whd/minimum-wage/state |