Employment and Labor Laws

West Virginia

West Virginia Minimum Wage Laws – 2022


Minimum wage

West Virginia’s current minimum wage is $8.75. WV Division of Labor – Minimum Wage

If the federal minimum wage is greater than the West Virginia minimum wage, employers must pay the federal minimum wage. WV Statute 21-5C-2(a).

West Virginia minimum wage laws do not apply to employers with fewer than six (6) persons employed during a workweek in any one separate, distinct, and permanent location or business establishment. WV Statute 21-5C-1(e).


Tip minimum wage

West Virginia’s minimum wage for tipped employees is $2.62. WV Division of Labor – Minimum Wage Credits

West Virginia minimum wage laws allows employers take a tip credit equal to 70% of the state minimum wage. If an employer chooses to pay the tipped minimum wage and take a tip credit, it must also ensure that the tipped employees receive the standard minimum wage when tipped wages earned are combined with tips received. If a tipped employee is not paid the standard minimum wage when tipped wages earned are combined with tips received, the employer must pay the employee the difference. WV Statute 21-5C-4; WV Admin. Code 42-8-12

If a tipped employee (also referred to as a service employee per West Virginia’s minimum wage laws) spends more than 20% of their time during a workweek performing non-tip related work (such as cleaning or setting tables, making coffee, etc.), an employer must pay the employee at least the standard minimum wage without a tip credit for the time spent by the employee performing the non-tip related work. WV Admin. Code 42-8-12

If an employee has two different jobs (a dual job employee), one of which is not tip-related, the employer must pay the employee at least the standard minimum wage without a tip credit for all hours worked by employee engaged in non-tip related work. WV Admin. Code 42-8-12

To be able to take the tip credit for an employee, an employer must have:

  • a written, signed, and dated record completed by the employee containing:
    • the time period in which the tips were received,
    • the amount of cash tips received,
    • the amount of credit or debit card tips received,
    • the amount of tips paid out, and
    • the amount of net tips retained by the employee.
  • a record of the time a dual employee worked as service employee

WV Admin. Code 42-8-12


Tip pooling and sharing

West Virginia minimum wage laws allow employers to permit tip sharing and tip pooling of tips. An employer that allows tip sharing or tip pooling must divide the shard or pooled tips amount only service employees and dual job employees working as service employees and ensure that the employees individually document the amount of tips paid out. An employer may not receive any portion of shared or pooled tips. WV Admin. Code 42-8-12


Subminimum wage

Employees with disabilities

West Virginia minimum wage laws allow employers to pay a subminimum wage rate that is less than the standard minimum wage to employees with physical or mental handicaps so severe that they prevent their employment or employment training in any training or employment facility other than a nonprofit sheltered workshop. West Virginia exempts such employees from its minimum wage requirements. WV Statute 21-5C-1(f)(8); WV Division of Labor – Minimum Wage.


Trainees

West Virginia minimum wage allows employers to pay trainees under the age of 20 a subminimum wage of $6.40 for a cumulative period of not more than 90 days per employee. If an employer has not been in operation for 90 days at the time the trainees were hired, the employer may pay the subminimum wage to trainees for an additional 90 days. If the federal subminimum training wage increase to be greater than the rate set by West Virginia’s minimum wage laws, employers must pay the federal rate. WV Statute 21-5C-2(b).


Apprentices

West Virginia minimum wage laws do not specifically permit employers to pay apprentices a subminimum wage rate that is less than the state minimum wage. West Virginia minimum wage laws exclude from its minimum wage requirements individuals involved in on-the-job training (vocational). WV Statute 21-5C-1; WV Division of Labor – Minimum Wage


Learners

West Virginia minimum wage laws do not specifically permit employers to pay learners a subminimum wage rate that is less than the standard minimum wage. West Virginia minimum wage laws exclude from its minimum wage requirements individuals involved in on-the-job training (vocational). WV Statute 21-5C-1; WV Division of Labor – Minimum Wage


Student learners

West Virginia minimum wage laws do not specifically permit employers to pay student learners a subminimum wage rate that is less than the standard minimum wage. West Virginia minimum wage laws exclude from its minimum wage requirements individuals involved in on-the-job training (vocational). WV Statute 21-5C-1; WV Division of Labor – Minimum Wage


Student workers

West Virginia minimum wage laws exempt from it minimum wage requirements any individual employed on a part-time basis who is a student in any recognized school or college. West Virginia minimum wage laws exclude from its minimum wage requirements individuals involved in on-the-job training (vocational). WV Statute 21-5C-1; WV Division of Labor – Minimum Wage


Other State’s Minimum Wage Information

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ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
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