West Virginia Labor Laws – Wage and Hour
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.
Related topic covered on other pages include:
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.
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 Code 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 Legislative Rules – Division of Labor 42-5-3
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 Code 21-6-7.
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.