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WV · state labor law, 2026

West Virginia labor laws: minimum wage, overtime, leave, final pay and breaks

West Virginia has kept the same minimum wage for a decade, applies it only to employers above a headcount line and requires meal time on long days.

West Virginia and federal rules checked on official sources on · Checked by Radif Partners · How we calculate

Minimum wage now
$8.75/h
statewide
Next change
none announced
checked October 11, 2026
Tipped cash wage
$2.62/h
tips must make up the rest
Overtime
40 h/week
state law
Paid sick leave
no state law
employer policy
Paid family leave
no program
FMLA is unpaid

West Virginia's minimum wage is $8.75 an hour in 2026, the same figure in force since January 1, 2016, and no change has been announced. It binds only employers with six or more employees at one separate, permanent location; smaller businesses owe the federal $7.25 if the Fair Labor Standards Act covers them. Over a full-time year that line is worth $3,120: $18,200 at the state rate against $15,080 at the federal one. New workers under 20 can be paid a training wage of $6.40 for up to 90 days, and tipped employees can have up to 70 percent of the minimum covered by tips. Overtime is time and a half after 40 hours a week. There is no state paid sick leave or paid family leave. A workday of six hours or more carries at least 20 minutes for a meal, unless breaks or eating on the job are already allowed. Whether you quit or are fired, final wages are due by the next regular payday.

State

West Virginia

Before taxes, without tips.

Gross pay for this week in West Virginia

$350

Time and a half after 40 hours in a week

Minimum wage in West Virginia now$8.75 an hour
Your rate against itAt or above the minimum
Overtime: none this week$0
Paid sick leave earned in a yearNo statewide paid sick leave law
Breaks owed in a 8-hour shift20 min meal
Final paycheck if firedon or before the next regular payday
Unused vacation at the endPaid out if the employer policy or contract says so
Paid family leaveNo state program

40 hours a week at $8.75. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.

A decade at $8.75

The figure in West Virginia Code 21-5C-2 has not changed since January 1, 2016. Unlike states that index their rate to inflation every January, West Virginia needs the Legislature to amend the statute before the number can move, and as of this check no amendment had been passed. The result is a rate that sits $1.50 above the federal one and has stood still while Virginia, across the eastern border, has written $13.75 into law for January 1, 2027. For a worker at the minimum, the legal floor in 2026 is exactly where it stood ten years earlier. The state-by-state wage table shows where the rate now ranks.

Compare two states for a full-time minimum wage job

Texas / California, per hour

$7.25 / $16.90

Full-time year (2,080 h)$15,080 / $35,152
Gap over a year$20,072
Paid sick leave lawno / yes
Paid family leave programno / yes
Minimum wage in every state →

The six-employee test

The state minimum wage law defines an employer as one with six or more employees during any calendar week in one separate, distinct and permanent location or business establishment. The count is per site, not per company. A family restaurant with five staff falls outside the state law and owes only the federal $7.25, and then only when the FLSA reaches it. A franchise owner with three locations of four workers each is in the same position, while a single store with six workers on the payroll that week owes $8.75. The definitions section spells out the test. For a full-time worker the difference comes to $3,120 a year, so it is worth knowing which side of the line your workplace sits on.

Overtime and the 80 percent carve-out

State law requires time and a half after 40 hours in a workweek, the same threshold as the federal rule, with no daily overtime. Its overtime section does not apply to an employer when 80 percent of its employees are covered by the federal overtime law; the FLSA then governs. Either way the arithmetic is identical. A welder paid $24 an hour who works five ten-hour days earns $1,320 for the week, $360 of it for 10 overtime hours. Salaried staff are measured against the federal exemption level of $684 a week, since West Virginia sets no higher figure.

Meal time, vacation and the last check

West Virginia is one of the states with a written meal rule for adults. During a workday of six hours or more, the employer must make at least 20 minutes available for meals, unless employees already get breaks or may eat while working. On an eight-hour shift that means one 20-minute meal and no required rest break. Vacation is treated through the definition of wages: accrued fringe benefits that can be calculated and are payable directly to the employee count as wages, but the amount follows the agreement between employer and employee, including any conditions it sets. Final wages, for those who quit and those who are discharged alike, are due on or before the next regular payday. Unpaid leave rests on the federal FMLA, open to eligible employees at employers with 50 or more workers. Jobs in West Virginia are held at will.

Breaks owed for your shift

Meal break

20 minutes

Paid rest breaksNone required
Meal rule20 min after 6 h
Rest ruleno adult rule

Federal law requires no breaks, but short breaks given must be paid.

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West Virginia employment rules at a glance, 2026

Minimum wage schedule

West Virginia minimum wage rows for 2026 and any announced 2027 rate. The state minimum wage law covers only employers with six or more employees in one separate, distinct and permanent location; smaller employers are subject only to the federal $7.25 if covered by the FLSA.
FromWho it coversRateNote
January 1, 2026Employers with 6 or more employees at one location$8.75Rate unchanged since January 1, 2016; also applies to state agencies

Workers covered by both laws get the higher rate. Training wage: $6.40 per hour for new employees under 20, for up to 90 days. Read the West Virginia rule.

Overtime

Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. Time and a half after 40 hours a week. For the overtime rule, employers are excluded if 80% of their employees are covered by the federal overtime law (FLSA then applies). source

Sick leave and family leave

West Virginia has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law for private employers.

No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.

Final paycheck and unused vacation

Fired or laid off: on or before the next regular payday. Quitting: on or before the next regular payday. Vacation: Accrued fringe benefits (such as vacation) capable of calculation count as wages, but are calculated according to the employer-employee agreement; benefits payable later or on conditions under the agreement follow that agreement.. source vacation rule

Meal and rest breaks

Meal: at least 20 minutes for meal breaks in a workday of 6 or more hours, when employees are not otherwise given breaks or allowed to eat while working. No paid rest break is required for adults. source

Unions and dismissal

West Virginia is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source

Also worth knowing in West Virginia

  • The state minimum wage ($8.75) applies only where an employer has six or more employees at one location. source
  • Fired and resigning employees have the same deadline: wages are due by the next regular payday. source

Questions people ask

Does the West Virginia minimum wage apply to a small business?

Only if it has six or more employees at one location in a calendar week. Below that line the state law does not apply, and the employer owes the federal $7.25 if the Fair Labor Standards Act covers it. At or above the line, the rate is $8.75 an hour. The count is made per separate, permanent establishment, so a chain of small shops may fall outside the state law.

How long is a lunch break by law in West Virginia?

At least 20 minutes during any workday of six hours or more. The rule applies to adults, but an employer does not have to add a separate meal break if employees already receive breaks during the day or are allowed to eat while working. West Virginia has no paid rest break requirement. Questions about missed meal time go to the Wage and Hour Section of the Division of Labor.

Is unused vacation paid when I leave a job in West Virginia?

It depends on the agreement. West Virginia counts accrued fringe benefits that can be calculated and are payable directly to the employee as wages, but the amount is figured under the employer-employee agreement. If that agreement makes vacation payable only on certain conditions, those conditions apply. Wages due, including any vacation owed, must be paid by the next regular payday.

When will West Virginia raise its minimum wage?

No increase has been enacted. The rate of $8.75 has applied since January 1, 2016, and because it is not indexed to inflation, only a change to the state code can raise it. Employers with fewer than six employees at one site remain subject to the federal $7.25 when the FLSA covers them. Check the Division of Labor before each January.

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Publisher of the state-by-state guide to US employment law: minimum wage, overtime, leave, final pay and breaks

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General information, not legal advice: the calculators apply the published federal and state rules to the numbers you enter. Union contracts, local ordinances, industry wage orders and exemptions can change the answer; the state labor agency decides a wage claim.

Federal and state employment rules for 2026, checked on official sources on