West Virginia Labor Laws
An employer guide for 2026

West Virginia labor laws at a glance

West Virginia's wage and hour rules turn on where and how many people you employ. The table summarizes guidance from the West Virginia Division of Labor's Wage and Hour section and the West Virginia Code.

EZTime labor rule alerts flag overtime and missed rest periods before payroll.

West Virginia minimum wage

The West Virginia minimum wage is $8.75 per hour, a rate the Division of Labor says has applied since January 1, 2016. The Division does not announce any change for January 1, 2027, so plan on $8.75 unless the state publishes a new rate.

Coverage is location-based. The state rate applies when there are six or more non-exempt employees working at any one separate, distinct and permanent work location. The Division's minimum wage FAQ explains that the work location is where employees actually perform the work, even if that is at home, and that out-of-state employers with six or more non-exempt employees at a West Virginia location must pay the state rate. If a location does not meet the threshold, the federal minimum wage of $7.25 may apply instead. Because the counts are per location, a business with several small sites may have different obligations at each one.

Tipped employees

West Virginia allows a tip credit of up to 70% of the minimum wage, which produces a minimum cash wage of $2.62 per hour, as long as cash wages plus tips reach $8.75 for every hour. The Division's tipped employee fact sheet adds several conditions:

• A tipped employee is a service employee who customarily receives tips or gratuities in connection with the work.
• Shared or pooled tips may be divided only among tipped and dual-job employees; the employer and non-service employees cannot receive a share.
• An employer may take the tip credit only if it has written tip records completed by the employee.
• Employers may prohibit tipping altogether, as long as every covered employee is paid at least $8.75 per hour.

Meal credits and training wages

The FAQ allows a meal credit of $4.00 per day for a full eight-hour day, or $0.50 per hour for shorter shifts, but only if the employee actually eats the meal. On training wages for workers aged 20 or younger in their first 90 days, the Division states that the U.S. Department of Labor has jurisdiction, so follow federal rules.

Overtime in West Virginia

State overtime of one and one-half times the regular rate for hours over 40 in a seven-day workweek applies only when all of the following are true: the employer is not covered by federal overtime law, fewer than 80% of its workforce performs interstate commerce duties, and it has at least six non-exempt employees at one location. Employers with 80% or more of their employees covered by a federal act follow the federal FLSA for overtime instead. Either way, West Virginia does not have daily overtime; the 40-hour weekly threshold is what matters. Our FLSA overtime guide explains the federal rules, and the overtime calculator can check a paycheck.

Meal and rest breaks

Under W. Va. Code § 21-3-10a, employers must make available at least 20 minutes for a meal break to each employee working a shift of six hours or more, at times the employer reasonably sets. The U.S. DOL's meal period table describes the rule as applying to every employer and notes that a meal period is required where employees are not given necessary breaks or allowed to eat lunch while working. If your employees can and do eat while working, document that practice clearly.

West Virginia does not appear in the federal table of state rest period requirements, so short paid rest breaks are a matter of company policy. The DOL table also flags West Virginia among states with additional meal provisions for minors; contact the Division of Labor for details if you schedule minors on long shifts.

Paid sick leave and other leave

The Division of Labor does not publish any requirement for private employers to provide paid sick leave or paid vacation. The state's Parental Leave Act poster applies only to state government units and county boards of education, not private businesses. Fringe benefits such as vacation pay are generally governed by your written agreement or policy, and the Wage Payment and Collection Act excludes fringe benefits payable later under the terms of a separate agreement from the final pay deadline. Spell out accrual, caps and payout in writing. The PTO accrual calculator can help.

Paydays and final paychecks

West Virginia's Wage Payment and Collection Act, W. Va. Code § 21-5-3, requires employers to settle with employees at least twice every month, with no more than 19 days between settlements, unless a special agreement provides otherwise. Employers that pay by payroll card must give full written disclosure of any fees attached to the card.

When an employer discharges an employee, or an employee quits or resigns, § 21-5-4 requires the employer to pay wages for work performed before the separation on or before the next regular payday on which they would otherwise be due. Payment can be made in person, through regular pay channels or, if the employee asks, by mail; a mailed payment counts as made on the postmark date.

Some employers must also post a wage bond. The Division explains the rules on its wage bonding page, and the Wage Payment and Collection page links to the statute and legislative rule.

Child labor hours and age certificates

Fourteen is generally the minimum age for employment in West Virginia, with exceptions such as work in a business solely owned by a parent or guardian. The Division's child labor FAQ sets these limits for 14- and 15-year-olds:

• No work during school hours
• No more than 3 hours on any school day (including Friday) and 18 hours in any week that school is open at least one day
• No more than 8 hours on a non-school day and 40 hours in a week when school is not open
• Not before 7:00 a.m. or after 7:00 p.m. on school days, or after 9:00 p.m. during summer break

Sixteen- and seventeen-year-olds may work the same hours as adults, though occupational restrictions still apply, and minors under 18 may not work in bars or serve alcohol. Fourteen- and fifteen-year-olds must obtain an age certificate, which requires a job offer, parental consent, proof of school attendance or home-school enrollment, and proof of age. For 16- and 17-year-olds, an age certificate is required only in limited cases, though an employer may ask for one as proof of age. Federal child labor rules also apply; see the Division's child labor page.

Recordkeeping and posters

Keep daily and weekly hour records, pay rates and deductions for each employee, and keep employee-completed tip records if you take a tip credit. The Division's Required Posters page lists the Minimum Wage Requirements poster and the Wage Payment and Collection Act poster, both of which apply to all employers. Hospitals must also post the Nurses Overtime and Patient Safety Act poster.

How EZTime helps West Virginia employers

Location-based coverage, 20-minute meal breaks and strict paydays all depend on knowing exactly who worked where and when. EZTime gives you a GPS mobile time clock with geofencing, NFC tags, a tablet kiosk and biometric clocks, so every punch is tied to the right person and place. Build schedules with shift templates and let staff request swaps, get overtime and break alerts before a shift goes long, and track PTO and sick-leave balances automatically. When the pay period closes, export payroll-ready Excel or PDF reports that work with any payroll software. See the attendance clock and scheduling software, or check pricing: plans start at $2 per employee per month with a 14-day trial.

This guide is general information, not legal advice. Laws change; check the West Virginia Division of Labor or an employment attorney. Last reviewed November 2026.