2017 West Virginia Minimum Wage
The 2017 West Virginia Minimum Wage is $8.75.
Effective 2017-01-01Source: Minimum Wage FAQ (West Virginia Division of Labor)Verified 2026-08-30
Compared with 2016
Every figure on this page is unchanged from 2016.
| Item | 2016 | 2017 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers in West Virginia with six or more non-exempt employees at any one separate, distinct, and permanent work location. Out-of-state employers with workers performing work in West Virginia must also pay this rate.
What changed this year, and why
West Virginia's state minimum wage for 2017 remains $8.75 per hour, unchanged from 2016.
Common questions
- Does the state minimum wage apply to every employer in West Virginia?
- No. State minimum wage requirements apply only when an employer has six or more non-exempt employees at the same separate, distinct, and permanent work location. If that threshold is not met, the federal minimum wage may apply instead.
- How is the work location determined?
- The work location is where employees actually perform their work, even if that is the employee's own home or a client's residence. For employees temporarily assigned to different locations, the work location is where assignments are issued.
Minors, students and training wages: who may be paid less than the rate on this page
West Virginia's minimum wage standards specifically defer jurisdiction relating to training wages to the United States Department of Labor whenever the federal standards are equal to, or greater than, the requirements of state law. As the federal requirement currently meets that standard, the USDOL has jurisdiction in this state relating to training wages. A training wage is an established hourly wage that is less than the standard minimum wage, which applies to workers who are twenty years of age or younger during their first employment period. For information concerning federal training wages in West Virginia, workers and employers should contact the United States Department of Labor, Wage & Hour Division. The standard minimum wage in West Virginia is $8.75 per hour, but young workers in their initial employment period may be paid less under federal training wage rules that apply in this state.
West Virginia’s minimum wage standards specifically defer jurisdiction relating to training wages to the United States Department of Labor (USDOL) whenever the federal standards are equal to, or great than, the requirements of state law.
Minimum Wage FAQ (West Virginia Division of Labor)
Overtime is paid at one and one-half times the regular rate
West Virginia's maximum hour standards require the payment of overtime wages at a rate of one and a half times the employee's regular rate of pay for all hours actually worked over forty, within a seven consecutive day workweek, as long as all of the following conditions are also met. First, the employer is not covered by federal overtime laws due to interstate commerce activity or federal enterprise coverage. Second, a specific percentage threshold of the employer's work force must not be performing duties that would be considered interstate commerce activity under federal law. Third, the employer has at least six or more non-exempt employees working at any one separate, distinct and permanent work location. This means that overtime protections in West Virginia apply when federal overtime laws do not cover the employer, but only if these specific state conditions are satisfied. Workers in West Virginia should consult the Minimum Wage & Overtime Fact Sheet for complete details about overtime eligibility requirements.
West Virginia's maximum hour standards require the payment of overtime wages at a rate of one and a half times the employee’s regular rate of pay for all hours actually worked over forty, within a seven consecutive day workweek, as long as all of the following conditions are also met.
Minimum Wage FAQ (West Virginia Division of Labor)
Who to ask about this rate, and where to take a wage complaint
For questions about minimum wage rates in West Virginia or to file a wage complaint, workers should contact the appropriate agency. When state minimum wage requirements apply, the WV Division of Labor is the relevant state agency. For information concerning federal minimum wage jurisdiction, including training wages and situations where the six-employee requirement is not met, workers should contact the United States Department of Labor, Wage & Hour Division. The federal agency can be reached at www.dol.gov or by telephone for assistance with questions about federal minimum wage coverage and requirements that may apply in West Virginia.
For information concerning federal minimum wage jurisdiction, contact the United States Department of Labor, Wage & Hour Division.
Minimum Wage FAQ (West Virginia Division of Labor)
State minimum wage laws that give more than the federal rate
When both federal and state minimum wage laws apply, employees in West Virginia are entitled to the higher rate. The state minimum wage requirement is currently higher than the federal rate, so the state minimum wage of $8.75 per hour applies in all cases where there are at least six non-exempt employees working at one location. This principle ensures that workers receive the greatest protection available under the law. However, if the six employee requirement is not met at a particular work location, the federal minimum wage may still apply. The state law does not reduce or eliminate federal protections, and federal coverage may extend to employees who are not covered by state requirements due to the employee threshold not being met.
As the state minimum wage requirement is currently higher than the federal, the state minimum wage will apply in all cases where there are at least six non-exempt employees working at one location.
Minimum Wage FAQ (West Virginia Division of Labor)
When tips, meals or lodging count toward the minimum wage
West Virginia allows employers to count tips toward meeting the minimum wage requirement. The state's minimum wage standards allow employers a 70% credit against the minimum wage requirement for their service employees that receive tips. That means an employer may pay tipped employees a reduced cash wage, as long as the employee's hourly cash rate, plus reported tips, equal $8.75 per hour. For tips to count, the employer must have written tip records completed by the employee. If such tip records were not provided, the employer would have to pay the employee the full minimum wage of $8.75 per hour. These provisions allow employers to count certain forms of compensation toward meeting the minimum wage obligation, but only when proper documentation is maintained.
West Virginia’s minimum wage standards allow employers a 70% credit against the minimum wage requirement for their service employees that receive tips.
Minimum Wage FAQ (West Virginia Division of Labor)
What an employer may deduct from your pay
West Virginia law specifies what deductions employers may take from employee wages without reducing pay below the minimum wage. When an employer makes meals available to an employee and the employee works a full eight hours, the employer may deduct $4.00 per day as a meal credit from the employee's wages without obtaining written authorization. If the employee works less than eight hours but still eats a meal, the employer may deduct a smaller hourly meal credit. However, if the employee does not eat the meal provided, the employer may not take a meal credit deduction. For tip credits, employers must have written tip records completed by the employee to take a credit against the minimum wage. Without proper documentation, the employer must pay the full minimum wage of $8.75 per hour. These rules ensure that deductions do not reduce an employee's pay below the required minimum wage threshold.
When an employer makes meals available to an employee and the employee works a full eight hours, the employer may deduct $4.00 per day as a meal credit from the employee’s wages without obtaining written authorization.
Minimum Wage FAQ (West Virginia Division of Labor)
Why the federal rate applies when the state rate is lower
When a state minimum wage is lower than the federal minimum wage, the federal rate applies. In West Virginia, the state minimum wage requirement is currently higher than the federal rate, so the state minimum wage of $8.75 per hour applies in all cases where there are at least six non-exempt employees working at one location. However, if the six employee requirement is not met at a particular work location, the federal minimum wage may still apply. This means that even when state coverage requirements are not satisfied, workers in West Virginia may still be protected by federal minimum wage laws. The federal coverage operates independently and may apply to employees who work for employers that do not meet the state's threshold of six non-exempt employees at any one separate, distinct and permanent work location.
However, if the six employee requirement is not met, the federal minimum wage may still apply.
Minimum Wage FAQ (West Virginia Division of Labor)
How each figure was verified
Each number below was read from a stored copy of the document named beside it, and checked to occur word for word in the quoted sentence. The digest is of that stored text.
Minimum Wage FAQ (West Virginia Division of Labor)
- Hourly
As of January 1, 2016, the state minimum wage is $8.75 per hour.
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state