As of 2026, West Virginia's state minimum wage is $8.75 per hour, which is $1.50 above the federal minimum wage of $7.25 set by the Fair Labor Standards Act (FLSA). That $8.75 figure has been in place since January 1, 2016, when the second of two scheduled increases took effect under a 2014 law. West Virginia does not index its minimum wage to inflation, so the rate does not rise automatically each year and only changes when the Legislature passes a new law. Because wage figures can change, always confirm the current rate with the West Virginia Division of Labor before relying on it.
Who Is Covered by West Virginia's Minimum Wage
One feature that makes West Virginia unusual is its coverage threshold. The state minimum wage law (West Virginia Code Chapter 21, Article 5C) generally applies to employers that have six or more employees at one location within the state and that are not already covered by the federal FLSA. Employers covered by the FLSA, and employees engaged in interstate commerce, fall under the federal rules instead.
In practice, this layered system means most West Virginia workers are entitled to at least $8.75 per hour. Where the state law does not reach an employer, the federal FLSA minimum of $7.25 still provides a floor for covered, non-exempt employees. The rule of thumb is that an employee is entitled to the higher of the two applicable rates. When in doubt, the higher rate generally controls.
The Tipped Cash Wage and Tip Credit
West Virginia allows employers to count a portion of an employee's tips toward the minimum wage. This is called a tip credit. Under state law, an employer of a tipped employee may take a tip credit of up to 70% of the applicable minimum wage, meaning the employer must pay a direct cash wage of at least 30% of the minimum wage.
At the current $8.75 state minimum, that works out to a required cash wage of roughly $2.62 per hour (30% of $8.75), with the remaining amount made up by tips. This differs from the federal FLSA rule, which sets the tipped cash wage at $2.13 per hour with a tip credit of up to $5.12. A tipped employee is generally defined as someone who customarily and regularly receives more than $30 a month in tips.
The key protection is this: tips plus the cash wage must equal at least the full minimum wage for every hour worked. If a tipped worker's tips fall short in a given period, the employer must make up the difference so the employee still earns at least $8.75 per hour. Tips are the property of the employee, and an employer cannot keep them or use the tip credit unless the worker actually retains enough tips to reach the minimum.
Scheduled Increases and Inflation Indexing
West Virginia's minimum wage rose in two steps under 2014 legislation: to $8.00 on January 1, 2015, and to $8.75 on January 1, 2016. There is no automatic annual cost-of-living adjustment built into West Virginia law, and no further statutory increase is currently scheduled. Unlike states such as Ohio or neighboring jurisdictions that tie their wage to a consumer price index, West Virginia's rate stays fixed until lawmakers change it. Because the Legislature could pass a new increase, treat $8.75 as a figure to verify rather than a permanent number.
Local City and County Minimum Wages
West Virginia does not have any city or county minimum wages higher than the state rate. Municipalities and counties in West Virginia generally lack the authority to set their own minimum wage above the statewide figure, so the same $8.75 rate applies in Charleston, Huntington, Morgantown, Wheeling, and every other community across the state. Workers do not need to track a patchwork of local ordinances the way they would in some other states; the statewide rate is the operative number.
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Common Exemptions
Several categories of workers are treated differently under West Virginia and federal law. These commonly include:
Bona fide executive, administrative, and professional employees who meet salary and duties tests are exempt from minimum wage and overtime.
Outside salespersons and certain commissioned employees.
Agricultural workers and some seasonal employment, subject to specific limits.
Workers covered exclusively by the federal FLSA, who receive the $7.25 federal floor rather than the state figure.
Because exemptions are technical and fact-specific, an employer's label for a job (for example, calling someone a "manager" or a "contractor") does not by itself decide whether the minimum wage applies. The actual duties and pay structure control.
Overtime in West Virginia
West Virginia generally follows the federal standard for overtime: non-exempt employees must receive one and one-half times their regular rate for hours worked over 40 in a workweek. The state does not require daily overtime after eight hours in a day. For tipped employees, overtime is calculated on the full minimum wage, not on the lower cash wage, before subtracting the tip credit.
How to Enforce Your Rights
If you believe you have been paid less than the minimum wage or denied a proper tipped wage, you can file a wage complaint with the West Virginia Division of Labor, Wage and Hour Section, part of the West Virginia Department of Commerce. The agency investigates unpaid wage and minimum wage claims under the state Wage Payment and Collection Act and the Minimum Wage and Maximum Hours Law.
Steps that strengthen a claim include:
Keeping your own record of hours worked, dates, and tips received.
Saving pay stubs, schedules, and any written wage agreements.
Filing your complaint promptly, because wage claims are subject to time limits.
You may also have the option to pursue a claim under the federal FLSA through the U.S. Department of Labor's Wage and Hour Division, or to consult an employment attorney about a private lawsuit. West Virginia law prohibits employers from retaliating against workers who assert wage rights.
Where to Verify the Current Rate
Minimum wage figures and tip-credit percentages can change when the Legislature acts. The authoritative source for West Virginia is the West Virginia Division of Labor, which publishes the current minimum wage, tipped wage, and required workplace posters. For the federal baseline, check the U.S. Department of Labor's Wage and Hour Division. Before making decisions based on any specific dollar amount, confirm it against these official sources rather than relying solely on a third-party summary.
Official West Virginia Sources
This page is based on West Virginia employment law. Rules and figures change — verify the current details directly with the official West Virginia sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside West Virginia state law.
Frequently asked questions
What is the minimum wage in West Virginia in 2026?
As of 2026, West Virginia's state minimum wage is $8.75 per hour, which has been in effect since January 1, 2016. It is higher than the federal minimum of $7.25. Because the Legislature can change the rate, confirm the current figure with the West Virginia Division of Labor.
What is the tipped minimum wage in West Virginia?
West Virginia lets employers take a tip credit of up to 70% of the minimum wage, so they must pay tipped workers a cash wage of at least 30% of the minimum, roughly $2.62 per hour at the $8.75 rate. Cash wages plus tips must equal at least $8.75 per hour, and the employer must make up any shortfall.
Does West Virginia have local city or county minimum wages?
No. West Virginia has no city or county minimum wages above the statewide rate. The same $8.75 minimum applies in Charleston, Huntington, Morgantown, and everywhere else in the state.
Does West Virginia's minimum wage increase automatically with inflation?
No. West Virginia does not index its minimum wage to inflation. The rate stays at $8.75 until the Legislature passes a new law changing it, so there is no automatic annual cost-of-living adjustment.
Which employers must pay the West Virginia minimum wage?
The state minimum wage law generally applies to employers with six or more employees at one location that are not already covered by the federal FLSA. Workers under federal coverage receive at least the $7.25 federal minimum; in practice employees are entitled to the higher applicable rate.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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