2019 West Virginia Minimum Wage
The 2019 West Virginia Minimum Wage is $8.75.
Effective 2019-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-09-01
Compared with 2018
Every figure on this page is unchanged from 2018.
| Item | 2018 | 2019 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers in West Virginia that have six or more non-exempt employees working at any one separate, distinct, and permanent work location. Employers with fewer than six employees at a single location may be subject to the federal minimum wage instead, which is lower than the state rate.
What changed this year, and why
The state minimum wage in West Virginia for 2019 is $8.75 per hour. This rate has not changed from 2018, when it was also $8.75 per hour.
Common questions
- When does the West Virginia state minimum wage apply?
- The state minimum wage of $8.75 per hour applies whenever six or more non-exempt employees work at any one separate, distinct, and permanent work location.
- What if an employer has fewer than six employees at a single location?
- The federal minimum wage may apply instead, as the federal rate is lower than the West Virginia state minimum wage.
Minors, students and training wages: who may be paid less than the rate on this page
A training wage is an hourly rate below the standard minimum wage that applies to workers age 20 or younger during their first 90 days of employment. West Virginia defers jurisdiction over training wages to the U.S. Department of Labor whenever federal standards meet or exceed state law. Since the federal requirement currently meets that standard, the USDOL has jurisdiction in West Virginia. This means young workers in the state may be paid a lower training wage during their initial employment period, but only under federal rules, not state rules. Employers must follow federal training wage regulations, and workers with questions should contact the U.S. Department of Labor, Wage & Hour Division. Once the 90-day period ends or the worker turns 21, the full $8.75 minimum wage applies.
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
West Virginia's overtime law requires employers to pay covered non-exempt employees at a rate of one and a half times their regular rate of pay for all hours actually worked over the weekly threshold within a seven consecutive day workweek. This overtime premium applies when three conditions are all met: the employer is not already covered by federal overtime laws due to interstate commerce activity or federal enterprise coverage; less than 80% of the employer's workforce performs duties that would be considered interstate commerce activity under federal law; and the employer has at least six or more non-exempt employees working at any one separate, distinct and permanent work location. When these conditions are satisfied, a West Virginia worker earning $8.75 per hour must receive at least one and one-half times that amount for each overtime hour. The state overtime rule acts as a backstop for workers whose employers fall outside federal overtime coverage but meet the state's thresholds.
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
In West Virginia, questions about the state minimum wage and wage complaints are handled by the WV Division of Labor, Wage & Hour section. Workers who believe their employer is paying less than the $8.75 per hour minimum wage, or who have disputes about overtime, tip credits, or deductions, can contact the Division to file a complaint or request assistance. The Division's Wage & Hour Contact Info page provides phone numbers and addresses for regional offices across the state. For issues involving federal training wages or federal minimum wage coverage, workers may also need to contact the U.S. Department of Labor, Wage & Hour Division. Keeping pay stubs, time records, and any written tip documentation will help the Division investigate a complaint.
For information concerning federal training wages, 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 West Virginia's state minimum wage is higher than the federal minimum wage, the state rate controls for covered employers. Currently, West Virginia's $8.75 per hour rate is higher than the federal rate, so employers with at least six non-exempt employees at one work location must pay at least $8.75. However, if an employer does not meet the six-employee threshold at a particular work location, state minimum wage requirements do not apply, and the federal minimum wage may still apply instead. This means some workers in West Virginia could be covered by federal law even when state law does not reach their workplace. The two systems operate independently, and whichever provides the higher rate or broader coverage applies to each worker's situation.
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
Under West Virginia law, an employer may pay a tipped employee a cash wage of $2.62 per hour, which is a 70% credit against the $8.75 minimum wage, as long as the employee's hourly cash wage plus reported tips equal at least $8.75 per hour. If the employee's tips plus the cash wage do not reach $8.75, the employer must make up the difference. This tip credit applies only when the employer meets the six-employee threshold at the work location. An employer may also establish a policy that prohibits employees from accepting tips, provided all covered employees still receive at least $8.75 per hour. In a tip pool, only employees who are eligible to receive tips may share in the pool, and the employer may never take a share of any tips. To take a tip credit, the employer must maintain written tip records completed by the employee; if those records were not kept, the employer cannot claim the credit and must pay the full minimum wage.
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 law sets strict limits on how much an employer may deduct from an employee's pay for meals. If an employer provides meals and the employee works a full eight-hour shift, the employer may deduct $4.00 per day as a meal credit from the employee's wages without needing written authorization. If the employee works fewer than eight hours but still receives a meal, the employer may deduct $.50 per hour as a meal credit. However, if the employee does not eat the meal that was provided, the employer may not take a meal credit deduction at all. These meal credits are the only type of deduction specifically addressed in the state's minimum wage standards. Because these credits reduce the employee's take-home pay, the employee's effective hourly earnings could fall below the standard $8.75 minimum wage rate if the meal credit is applied. Workers in West Virginia should be aware of these rules and keep track of any meal credits taken from their pay to ensure they are being applied correctly.
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 $.50 per hour as a meal credit. However, if the employee does not eat the meal provided, the employer may not take a meal credit deduction.
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 higher federal rate applies to covered employees. The federal Fair Labor Standards Act sets a floor that employers must meet whenever they are covered by federal law, regardless of what a state sets. In practice, this means a West Virginia worker whose employer is subject to federal coverage is entitled to at least the federal hourly rate, even if the state's own rate is below that amount. West Virginia's $8.75 rate currently equals the federal minimum, so both apply at the same level; but if the state rate were ever set below the federal floor, covered employees would still receive the federal amount. Workers can contact the U.S. Department of Labor, Wage & Hour Division for questions about federal coverage and the federal rate.
If that requirement is not met, the federal minimum wage may 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
For the purpose of minimum wage coverage, the state minimum wage of $8.75 will apply
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state