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.
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 it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | 20 min meal |
| Final paycheck if fired | on or before the next regular payday |
| Unused vacation at the end | Paid out if the employer policy or contract says so |
| Paid family leave | No 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 law | no / yes |
| Paid family leave program | no / yes |
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 breaks | None required |
| Meal rule | 20 min after 6 h |
| Rest rule | no adult rule |
Federal law requires no breaks, but short breaks given must be paid.
West Virginia employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| January 1, 2026 | Employers with 6 or more employees at one location | $8.75 | Rate 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