This article is provided for educational and informational purposes only. It does not constitute legal, financial, or tax advice, and no attorney-client relationship is formed by reading it. Laws, regulations, official guidance, and related information vary by jurisdiction, change frequently, and may have changed or become outdated since publication. Always verify current information with authoritative sources and consult a qualified professional about your specific circumstances. The author and publisher assume no liability for actions taken based on this information.
- The $8.75 West Virginia rate
- Six employees at one location
- Federal law can still cover a smaller location
- Tipped employees and the $2.62 cash wage
- Training wage and specialized rules
- Overtime follows a different coverage test
- Statewide and local pay questions
- Records that determine the answer
- The practical West Virginia answer
- Sources
Key Facts
- West Virginia state level: The state minimum wage is $8.75 per hour, effective since January 1, 2016.
- Employer-size boundary: State coverage generally requires six or more nonexempt employees at one separate, distinct, and permanent work location.
- Federal boundary: When the six-employee location threshold is not met, the $7.25 federal minimum may still apply if the Fair Labor Standards Act covers the work.
- Tipped work: Under covered West Virginia law, the permitted cash wage can be $2.62 when reported tips bring compensation to at least $8.75.
- Local boundary: A city or county name does not itself change the statewide floor; any municipal-employee, contract, or claimed local rule requires its own authority.
West Virginia’s minimum wage is $8.75 per hour for employees covered by the state law. The unusual part is coverage: the state definition generally looks for at least six nonexempt employees at one separate, distinct, and permanent location.
The $8.75 West Virginia rate
West Virginia Code Section 21-5C-2 requires $8.75 per hour after December 31, 2015. The West Virginia Division of Labor describes the rate as effective January 1, 2016.
The state rate is $1.50 above the $7.25 federal minimum. When both state and federal minimum-wage laws cover the same work, the higher state floor must be satisfied.
The statute also provides that if the federal minimum becomes equal to or greater than the state amount, covered West Virginia employers must pay at least the federal amount. That adoption concerns the dollar rate and does not import federal coverage or exclusions into state law.
Six employees at one location
West Virginia Code Section 21-5C-1 defines a covered employer to include an employer with six or more employees during a calendar week at one separate, distinct, and permanent location or business establishment. The Division of Labor applies the threshold to nonexempt employees at the location.
The test is location-specific, not merely company-wide. One employer can have a covered location with six employees and another location that does not meet the state threshold.
For remote work, the agency says the location is where the work is actually performed. For temporary assignments at varying sites, it identifies the place where assignments are issued as the work location.
Federal law can still cover a smaller location
Failure to meet West Virginia’s six-employee threshold does not prove that no minimum wage applies. The Fair Labor Standards Act can cover an enterprise or an employee individually through interstate-commerce work.
Covered, nonexempt employees under federal law are generally entitled to $7.25 per hour. The federal minimum wage guide explains that separate coverage analysis.
An out-of-state employer is not automatically outside West Virginia law. The state agency says the $8.75 rule applies when the employer has six nonexempt employees at a qualifying West Virginia location.
Tipped employees and the $2.62 cash wage
West Virginia permits a 70 percent credit against the state minimum for covered service employees who receive tips. The resulting direct cash wage is $2.62 per hour when wages plus reported tips reach at least $8.75.
The employer must have written tip records completed by the employee to take the state credit. If the records are not provided, the agency says the employer must pay the full $8.75 hourly minimum.
At a location outside state coverage, the federal $2.13 cash-wage framework may apply instead if federal law covers the work and all federal tip-credit conditions are met. The employer remains responsible for a shortfall under either applicable system.
Training wage and specialized rules
Section 21-5C-2 contains a $6.40 state training-wage provision for certain newly hired employees under age 20 and limits its use by age and time. The statute also coordinates that figure with the federal youth-minimum rate.
The Division of Labor states that federal authorities currently have jurisdiction over training wages when the federal standards are equal to or greater than state requirements. A payroll record should therefore identify the worker’s age, hire date, and the legal authority used for any training rate.
West Virginia law also authorizes rules for room-and-board allowances and requires documentary support concerning gratuities or lodging when requested by the commissioner. A deduction cannot be assumed valid merely because food or housing was available.
Overtime follows a different coverage test
The state minimum-wage threshold and state overtime jurisdiction are not identical. West Virginia guidance says state overtime generally requires one and one-half times the regular rate after 40 hours, but excludes an employer when 80 percent or more of its workforce is subject to federal maximum-hours law.
Federal overtime may apply where state overtime does not. A complete review separates straight-time minimum wage, the regular rate, hours over 40, and the statute covering overtime.
Statewide and local pay questions
The Division of Labor presents $8.75 as the West Virginia state minimum and applies it through the state employer-and-location test. The official sources reviewed for this guide did not identify a separate generally applicable city or county minimum-wage schedule.
That does not make every local pay figure irrelevant. West Virginia municipalities set compensation for their own officers and employees, and contracts or specific public projects can contain distinct wage terms.
Accordingly, a higher figure associated with Charleston, Morgantown, Huntington, or another locality should be traced to the exact ordinance, employment policy, contract, or funding rule. A city name alone is not proof of a different private-employment minimum.
Records that determine the answer
Useful records include worksite rosters, schedules, time sheets, payroll registers, pay stubs, tip declarations, deductions, the designated workweek, and documents showing where assignments originated. These records test both the coverage threshold and the amount paid.
For employers with several sites, the evidence should identify how many nonexempt employees worked at each separate location during the relevant calendar week. Company-wide headcount alone can answer the wrong question.
The practical West Virginia answer
The concise state answer is $8.75 per hour. The complete answer depends on six nonexempt employees at one qualifying location, state exclusions, federal coverage, tips, training status, overtime, deductions, and any separately sourced local or contractual term.
Because statutes and agency guidance can change, reopen the West Virginia Code, Division of Labor guidance, and current federal sources for the pay period being reviewed.
