West Virginia's minimum wage is $8.75 per hour, effective January 1, 2016, under W. Va. Code § 21-5C, for employers with 6 or more non-exempt employees at a single, separate, distinct, and permanent work location. Employers below this threshold must pay the federal $7.25/hr floor.— Source: West Virginia Division of Labor
West Virginia minimum wage rates
| Employer type | Rate | Since |
|---|
| 6+ non-exempt employees at a distinct work location | $8.75/hr | January 1, 2016 |
| Tipped workers at covered employers | $2.62/hr direct wage (70% tip credit applies) | January 1, 2016 |
| Employers below 6-employee threshold at a location | $7.25/hr (federal FLSA floor) | July 24, 2009 (federal) |
Who this rate applies to
Applies only to employers with 6 or more non-exempt employees at a separate, distinct, and permanent work location. Employers below this threshold fall under federal $7.25. — Source
W. Va. Code § 21-5C — the state minimum wage
West Virginia's minimum wage is codified at W. Va. Code § 21-5C and enforced by the West Virginia Division of Labor. The current $8.75/hr rate has been in effect since January 1, 2016 — the last time West Virginia raised its minimum wage. The state has no CPI-indexing and no scheduled future increase in current statute; any future change requires legislative action.
The per-location threshold — a distinctive West Virginia rule
West Virginia's minimum wage law applies to employers with 6 or more non-exempt employees at a single, separate, distinct, and permanent work location. This is a per-location test, not a company-wide headcount. Key implications:
- A national retailer with 1,000 employees statewide but only 4 at a particular store location pays $7.25 at that store.
- A local contractor with 6 non-exempt workers at a single permanent shop location pays $8.75.
- Workers who regularly travel between locations without a fixed base may require additional analysis.
Employers near the threshold should count non-exempt employees per location carefully, as the classification matters for which rate is owed.
Overtime under West Virginia law
W. Va. Code § 21-5C applies the same 6-employee/location threshold to overtime: the state overtime rule (1.5× after 40 hours/week) covers the same employer population as the state minimum wage. Employers below the threshold rely on FLSA overtime directly. There is no West Virginia daily overtime rule.
Final paycheck — 2× liquidated damages
West Virginia's final paycheck statute stands out among the region for its enforcement teeth. Under WV Code § 21-5-4(b), all separated employees — discharged or voluntarily quitting — must receive their final wages by the next regular payday. Under § 21-5-4(e), an employer who fails to timely pay owes 2× the unpaid amount in liquidated damages — the wages due are effectively doubled as a penalty. This provision makes final paycheck compliance significantly more consequential in West Virginia than in most neighboring states. See the West Virginia Final Paycheck page for the full analysis.
West Virginia compared to neighboring Pennsylvania
Pennsylvania's minimum wage has been $7.25/hr — the federal floor — since July 24, 2009. West Virginia's state minimum wage of $8.75/hr is $1.50/hr higher for covered employers (6+ employees per location). However, both states have been static in recent years and neither has CPI-indexing. The contrast is real but bounded: West Virginia's rate hasn't changed since 2016, and Pennsylvania's hasn't changed since 2009. Ohio, to the northwest, presents a sharper contrast at $11.00/hr with a constitutional CPI-indexing mandate.
What this page does not determine
- Whether a specific employer meets the 6-employee-per-location threshold.
- How to classify workers as "non-exempt" for counting purposes under § 21-5C.
- The tipped worker rules beyond the $2.62/hr direct wage figure — verify with the WV Division of Labor.
- Overtime calculations — W. Va. Code § 21-5C applies the same 6-employee threshold; the West Virginia Overtime page covers this separately.
- Final paycheck deadlines and the 2× liquidated damages rule — see the West Virginia Final Paycheck page.
Sources and verification
The $8.75/hr rate and January 1, 2016 effective date are verified from the West Virginia Division of Labor minimum wage page at labor.wv.gov. The 6-employee-per-location threshold and the tipped worker tip credit are from the same source. The 2× liquidated damages rule under § 21-5-4(e) was confirmed from code.wvlegislature.gov (statute text read directly) per the research notes. The $2.62/hr tipped direct wage (70% credit) is from the verified research data. Verification date: August 2026. See the site's methodology for source standards.
Common questions
What is West Virginia's minimum wage in 2026?
West Virginia's minimum wage is $8.75 per hour, effective January 1, 2016, under W. Va. Code § 21-5C, confirmed from labor.wv.gov. The rate applies only to employers with 6 or more non-exempt employees at a single, distinct work location. Employers below this threshold pay the federal $7.25/hr floor. The $8.75 rate has not changed since 2016 and is not CPI-indexed.
Does West Virginia's 6-employee rule apply per company or per location?
Per location. The threshold is 6 or more non-exempt employees at a "separate, distinct, and permanent work location" — not company-wide. A chain store with 4 employees at one location pays $7.25 at that location even if the company has hundreds of employees elsewhere. This per-location structure is one of West Virginia's distinctive wage law features.
What is West Virginia's tipped minimum wage?
For covered employers, West Virginia's direct cash wage for tipped workers is $2.62/hr — a 70% tip credit against the $8.75 standard rate, confirmed from labor.wv.gov. Tips must bring total hourly compensation to at least $8.75; if they don't, the employer must make up the difference for that workweek.
What happens if a West Virginia employer misses the final paycheck deadline?
Under WV Code § 21-5-4(e), an employer who fails to pay final wages on time owes 2× the unpaid amount in liquidated damages — the wages are effectively doubled as a penalty. The deadline under § 21-5-4(b) is the next regular payday for all separations (discharge or voluntary quit). This double-damages rule is one of the stronger wage-enforcement provisions in the mid-Atlantic region.
How does West Virginia's minimum wage compare to Pennsylvania's?
Pennsylvania's minimum wage has been $7.25/hr since July 24, 2009, with no CPI-indexing and no scheduled increase. West Virginia's $8.75/hr for covered employers (6+ employees per location) is $1.50/hr higher. Both states have been static in recent years, but West Virginia's last increase was 2016 — seven years later than Pennsylvania's 2009 date. Neither has a constitutional indexing mandate like neighboring Ohio.