2018 West Virginia Minimum Wage
The 2018 West Virginia Minimum Wage is $8.75.
Effective 2018-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-09-01
Compared with 2017
Every figure on this page is unchanged from 2017.
| Item | 2017 | 2018 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers with six or more non-exempt employees at a single work location in West Virginia
What changed this year, and why
West Virginia's minimum wage remained at $8.75 per hour for 2018, the same rate as in 2017.
Common questions
- Which employers must pay the West Virginia minimum wage?
- The state minimum wage of $8.75 per hour applies when six or more non-exempt employees work at any one separate, distinct, and permanent work location. If fewer than six employees work at a location, the federal minimum wage may apply instead.
- Is the West Virginia minimum wage higher than the federal minimum wage?
- No. West Virginia's minimum wage of $8.75 per hour exceeded the federal minimum wage in 2018, so employers covered by state law paid the higher state rate.
Minors, students and training wages: who may be paid less than the rate on this page
In West Virginia, certain workers may be paid less than the standard $8.75 per hour minimum wage. A training wage applies to workers who are twenty years of age or younger during their first 90 days of employment. This lower rate is established at the federal level, and West Virginia's minimum wage standards specifically defer jurisdiction relating to training wages to the United States Department of Labor whenever federal standards meet or exceed state requirements. As the federal requirement currently meets that standard, the USDOL has jurisdiction in this state relating to training wages. Workers who receive tips may also be paid a lower cash wage, as employers can take a credit against the minimum wage requirement for tipped service employees. These subminimum wage provisions ensure that young workers and tipped employees have specific pay structures while still maintaining wage protections.
A training wage is an established hourly wage that is less than the standard minimum wage, which applies to workers that are twenty years of age or younger during their first 90 days of employment.
Minimum Wage FAQ (West Virginia Division of Labor)
Overtime is paid at one and one-half times the regular rate
Under West Virginia law, covered nonexempt employees must receive overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked beyond the weekly maximum set by the state, measured within a seven-consecutive-day workweek. This state overtime rule applies only when three conditions are all satisfied: the employer is not already covered by federal overtime laws through interstate-commerce activity or federal enterprise coverage; less than 80% of the employer's workforce perform duties that would count as interstate commerce under federal law; and the employer has at least six nonexempt employees working at any one separate, distinct, and permanent work location. In effect, the state premium fills the gap for West Virginia employers who fall outside the federal Fair Labor Standards Act but still meet these thresholds. A worker earning the $8.75 minimum wage would receive the applicable overtime premium on every hour above the weekly limit. Employers can find further detail in the state's Minimum Wage & Overtime Fact Sheet 2.
When do overtime wages apply? 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. 1.) The employer is not covered by federal overtime laws due to interstate commerce activity or federal enterprise coverage. 2.) Less than 80% of the employer’s work force are performing duties that would be considered interstate commerce activity under federal law. 3.) The employer has at least six or more non-exempt employees working at any one separate, distinct and permanent work location.
Minimum Wage FAQ (West Virginia Division of Labor)
Who to ask about this rate, and where to take a wage complaint
Workers in West Virginia who have questions about minimum wage rates or need to file a wage complaint should contact the West Virginia Division of Labor. This state agency enforces wage and hour laws throughout the state. The Division handles questions about minimum wage requirements, overtime pay, tipped employee wages, and employer compliance. For issues involving federal minimum wage jurisdiction, workers may also contact the United States Department of Labor, Wage & Hour Division. The state agency provides information, investigates complaints, and ensures employers comply with applicable wage laws for employees working at locations across West Virginia.
For information concerning federal minimum wage jurisdiction, contact the United States Department of Labor, Wage & Hour Division. Contact information for that agency is as follows: www.dol.gov – 866 487 9243 (866–4USWAGE)
Minimum Wage FAQ (West Virginia Division of Labor)
State minimum wage laws that give more than the federal rate
West Virginia's minimum wage requirements work alongside federal minimum wage law. When the state rate provides greater protection than the federal rate, the higher state rate applies to covered employers. In West Virginia, the state minimum wage of $8.75 per hour currently exceeds the federal minimum wage. However, employers must meet the state's six-employee requirement at each work location for state law to apply. If that requirement is not met, federal minimum wage standards may still protect workers. This dual system ensures that employees in West Virginia receive whichever rate is more beneficial, whether set by state or federal law.
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. However, if the six employee requirement is not met, the federal minimum wage may still apply.
Minimum Wage FAQ (West Virginia Division of Labor)
When tips, meals or lodging count toward the minimum wage
West Virginia employers may count tips and the value of meals toward meeting the minimum wage requirement. For tipped employees, employers can take a 70% credit against the minimum wage and pay a cash wage as low as $2.62 per hour, as long as the employee's cash wage plus reported tips equals $8.75 per hour. Employers may also deduct meal costs from wages when meals are provided to employees who work the required hours. These credits allow employers to offset part of their wage obligation when employees receive substantial non-cash compensation, while ensuring workers still receive the full minimum wage in total compensation.
West Virginia’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 his or her tipped employees a cash wage of $2.62 per hour, as long as the employee’s hourly cash rate, plus reported tips, equal $8.75 per hour.
Minimum Wage FAQ (West Virginia Division of Labor)
What an employer may deduct from your pay
West Virginia employers may make certain deductions from employee wages under specific conditions. When meals are provided to employees who work a full eight hours, employers may deduct $4.00 per day as a meal credit without obtaining written authorization. For tipped employees, employers may take a credit that reduces the cash wage below the standard rate if proper tip records are maintained. However, these deductions must follow specific rules and cannot be used to circumvent minimum wage requirements. If documentation requirements are not met, employers must pay the full minimum wage to workers in the state.
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 West Virginia's state minimum wage is lower than the federal minimum wage, the federal rate applies to workers in the state. Federal law establishes a floor that states cannot go below for covered employers. If federal law provides greater employee protections through a higher wage rate, workers in West Virginia must receive at least the federal amount. This ensures that all employees covered by federal law receive the higher of the two rates. The federal rate serves as a baseline protection, while states like West Virginia can establish higher rates that provide additional wage protection for their workers.
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 (West Virginia Division of Labor)
- Hourly
the state minimum wage of $8.75 will apply whenever there are six (6) or more non-exempt employees
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state