West Virginia Minimum Wage & Employee Count Thresholds
In West Virginia, the state minimum wage is $8.75/hr with a tipped cash wage of $2.62/hr (maximum tip credit of $6.13/hr). However, under West Virginia Code § 21-5C-1, these state rules only apply to employers with 6 or more employees at any one separate job site. Small employers with fewer than 6 workers default to the federal minimum wage of $7.25/hr (and cash tipped wage of $2.13/hr) under the FLSA. Non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40. For details, contact the West Virginia Division of Labor.
Frequently Asked Questions
What is the minimum wage in West Virginia for 2026?
For 2026, West Virginia's state minimum wage is $8.75 per hour for employers with 6 or more employees at one location. For tipped employees, the cash minimum wage is $2.62 per hour.
Does West Virginia have a small business exemption for minimum wage?
Yes. West Virginia state minimum wage laws only apply to employers with 6 or more employees at any one separate location. Employers with fewer than 6 employees may default to the federal minimum wage of $7.25 per hour.
How is weekly overtime calculated in West Virginia?
In West Virginia, overtime is paid at 1.5 times the employee's regular hourly rate of pay for all hours worked in excess of 40 hours in a single 7-day workweek.