Minimum Wage
W. Va. Code § 21-5C-2 — $8.75 an hour, or the federal rate if it is ever higher
$8.75. After December 31, 2015, every employer pays each employee not less than $8.75 per hour. If the federal minimum ever equals or passes that, the federal rate applies instead.
An employer here is one with six or more employees at any one separate, distinct and permanent location in a calendar week, and includes the state and its subdivisions.
- A training wage of not less than $6.40 per hour for a new employee, for no more than ninety days, and never for someone who has reached the age of twenty years.
- A credit of seventy percent of the hourly rate for an employee who customarily receives tips, if the employer can show the tips cover it.
- A reasonable credit for board and lodging.
An employer that pays less is liable for the unpaid wages, and an agreement to work for less is unenforceable.
A claim reaches back only two years before the suit is filed. A particular claim is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 21-5C-1 — Minimum wage and maximum hours: definitions
- W. Va. Code § 21-5C-2 — Minimum wages
- W. Va. Code § 21-5C-4 — Minimum wage: credits
- W. Va. Code § 21-5C-8 — Minimum wage: civil remedy of employee; limitation of actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.