West Virginia’s current minimum wage is $8.75.
For more information on West Virginia’s minimum wage laws, visit our West Virginia Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.
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West Virginia labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. See FLSA: Overtime for more information regarding overtime requirements.
West Virginia does not have a prevailing wage law that governs wage rates on government project or service contracts.
Under certain circumstances, employers in West Virginia may be required to pay residents wage rates established by federal prevailing wage rates and rules. The prevailing wage rates may be different from the federal and state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on government or government-funded construction projects or perform certain government services. See the Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.
Meals and Breaks
Under West Virginia labor laws, in situations where employees are not afforded necessary breaks and/or permitted to eat while working, West Virginia employers must provide their employees a meal break of least twenty (20) minutes when scheduled to work six (6) or more hours, at times reasonably designated by the employer. WV Statute 21-3-10a. Other rest periods, granted at the discretion of the employer, must be paid if they last less than twenty (20) minute. WV Division of Labor – Meal Breaks
Employers must provide employees under the age of sixteen (16) a lunch period of at least thirty (30) minutes if scheduled to work more than five (5 )hours. WV Statute 21-6-7.
Nursing Mother Breaks
West Virginia labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.
Information about West Virginia vacation leave laws may now be found on our West Virginia Leave Laws page.
Information about West Virginia sick leave laws may now be found on our West Virginia Leave Laws page.
Information about West Virginia holiday leave laws may now be found on our West Virginia Leave Laws page.
Jury Duty Leave
Information about West Virginia jury duty leave laws may now be found on our West Virginia Leave Laws page.
Information about West Virginia voting leave laws may now be found on our West Virginia Leave Laws page.
West Virginia labor laws do not require employers to provide employees with severance benefits. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.
Under certain circumstances, West Virginia residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See West Virginia State Unemployment Benefits.