West Virginia minimum wage 2026
The minimum wage in West Virginia is $8.75 an hour in 2026. West Virginia's $8.75, fixed by statute since January 1, 2016, applies only where an employer has six or more employees at a single permanent location. Smaller workplaces fall back on the federal minimum if federal law covers them.
Contents12 sections
At a glance
| Minimum wage now | $8.75 an hour, since January 1, 20162468 |
|---|---|
| Next change | None scheduled. |
| Tipped employees | $2.62 cash wage, tip credit up to $6.13347 |
| Overtime | 1.5 times the regular rate after 40 hours a week916 · details |
| Full-time pay | $350 a week, $18,200 a year at 40 hours a week before taxes · calculate for your hours |
| Enforced by | West Virginia Division of Labor, Wage & Hour Section, 304-558-7890 |
What to know about the West Virginia minimum wage
West Virginia's minimum wage law, W. Va. Code chapter 21, article 5C, does not apply to every employer. It covers only employers with six or more employees at one separate, distinct and permanent work location, a test that counts each site rather than the business as a whole.14 Where that test is met, the rate has been $8.75 since January 1, 2016, $1.50 above the federal minimum.4 Where it is not, a small shop may still owe the federal $7.25 if the federal Fair Labor Standards Act covers it.6
The rate is fixed in W. Va. Code 21-5C-2 and is not indexed. The statute does provide that if the federal minimum ever equals or exceeds the state rate, the state rate follows the federal one.2 The same section allows a training wage of at least $6.40 for employees under 20 first hired after December 31, 2014, for a cumulative 90 days, with 90 more days if the business itself has operated for less than 90 days.2
Employers may take a tip credit of 70%, and the Division of Labor published the resulting cash wage as $2.62 an hour in 2026; the employer needs written tip records from the employee.34 The law also applies to state and local government. Questions and complaints go to the Wage and Hour Section of the West Virginia Division of Labor. West Virginia law does not expressly address local minimum wages, and no city or county in the state has adopted one.
All 2026 rates
Employers with six or more non-exempt employees at one location must pay the state rate, $8.75 since January 1, 2016. At smaller locations, the federal minimum applies where the federal Fair Labor Standards Act covers the employer.
| Rate | Applies to | Per hour |
|---|---|---|
| State minimum wage | Employers with six or more non-exempt employees at one separate, distinct and permanent location | $8.752468 |
| Training wage (under 20, first 90 days) | For employees under 20 first hired after December 31, 2014, for a cumulative 90 days, with 90 more days if the business has operated for less than 90 days. | $6.402 |
Tipped employees
| Tip credit | Allowed |
|---|---|
| Minimum cash wage | $2.62 an hour347 |
| Maximum tip credit | $6.13 an hour |
Employers may take a 70% tip credit, published by the Division of Labor as a $2.62 cash wage in 2026. The employer needs written tip records from the employee.
An employer that takes a tip credit must make up the difference whenever wages plus tips fall short of the full minimum wage for the workweek. See the tipped minimum wage guide.
Overtime and salaried staff
| Weekly overtime | After 40 hours in a workweek, at 1.5 times the regular rate916 |
|---|---|
| Daily overtime | None in state law |
| Exempt salary | The federal level, $684 a week ($35,568 a year) |
Time and a half after 40 hours a week (W. Va. Code 21-5C-3) for employers with six or more employees at one location; employers with 80 percent or more of their employees covered by federal overtime law are excluded.
Overtime at the minimum wage of $8.75 is $13.125 an hour. Salaried managers, administrators and professionals are exempt from overtime only if they meet the duties tests and are paid at least the exempt salary. See overtime rules in every state or calculate pay with overtime.
How the rate changes
The rate is fixed at $8.75 by W. Va. Code 21-5C-2 and has not changed since January 1, 2016. If the federal minimum ever equals or exceeds it, the state rate follows the federal rate.
Indexed to inflation: no. Not indexed; fixed at $8.75 in statute and changes only by legislation.6
Rate history
Who is covered
State law applies to employers with six or more employees at one separate, distinct and permanent location, including state and local government, and lists categories of exempt workers. Where that test is not met, the federal minimum may apply to employers covered by the federal Fair Labor Standards Act.
- The six-employee threshold is counted per location, not across the whole business.
- The statutory 70% tip credit on the $8.75 rate works out to a $2.625 cash wage in 2026; the Division of Labor publishes $2.62.
- The Wage and Hour Section can be reached at 304-558-7890 or [email protected].
Cities and counties
West Virginia law does not expressly address local minimum wages, and no city or county in West Virginia has adopted one.
Neighboring states
If you live near a state line, the rate that applies is the one where you do the work, not where you live or where the employer is based.
| State | Per hour now |
|---|---|
| Maryland | $15.00 |
| Virginia | $12.77 |
| Ohio | $11.00 |
| Kentucky | $7.25 |
| Pennsylvania | $7.25 |
Compare every state on the ranked list and map.
Get help or file a claim
If you are paid less than the minimum wage that applies to your job, you can file a wage claim with the agency below. Federal law prohibits firing or otherwise retaliating against a worker for complaining about federal minimum wage rights.
| Agency | West Virginia Division of Labor, Wage & Hour Section |
|---|---|
| Phone | 304-558-7890 |
| The law | W. Va. Code 21-5C-1 (Definitions); W. Va. Code 21-5C-2 (Minimum wages); W. Va. Code 21-5C-4 (Credits) |
| Federal | U.S. Department of Labor, Wage and Hour Division, 1-866-487-9243 |
Sources
- 1 West Virginia Legislature, W. Va. Code 21-5C-1 Checked Oct 9, 2026 · Back to text ↑
- 2 West Virginia Legislature, W. Va. Code 21-5C-2 Checked Oct 9, 2026 · Back to text ↑
- 3 West Virginia Legislature, W. Va. Code 21-5C-4 Checked Oct 9, 2026 · Back to text ↑
- 4 West Virginia Division of Labor, Minimum Wage FAQ Checked Oct 9, 2026 · Back to text ↑
- 5 West Virginia Division of Labor, Wage & Hour Contact Info Checked Oct 9, 2026
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