2020 West Virginia Minimum Wage
The 2020 West Virginia Minimum Wage is $8.75.
Effective 2020-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-08-30
Compared with 2019
Every figure on this page is unchanged from 2019.
| Item | 2019 | 2020 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers in West Virginia with six or more employees working at a single location are covered by the state minimum wage. Employers with fewer than six employees at a given location are subject to the federal minimum wage instead.
What changed this year, and why
West Virginia's minimum wage remained $8.75 per hour in 2020, unchanged from 2019.
Common questions
- How many employees must an employer have for the state minimum wage to apply?
- The state minimum wage of $8.75 per hour applies when six or more employees work at any one separate, distinct, and permanent location in West Virginia.
Minors, students and training wages: who may be paid less than the rate on this page
In West Virginia, the standard minimum wage of $8.75 per hour does not apply to all workers. Certain categories of employees may be paid less under specific conditions. Workers who are 20 years old or younger may receive a training wage during their first 90 days of employment. However, West Virginia defers jurisdiction over training wages to the U.S. Department of Labor because federal standards meet or exceed state requirements. This means the federal government, not the state, sets and enforces the training wage rules for young workers in West Virginia. Employers and employees with questions about training wages should contact the U.S. Department of Labor Wage & Hour Division. The key point is that while most workers in West Virginia must receive at least $8.75 per hour, younger workers in their first 90 days may qualify for a lower training wage under federal rules.
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
In West Virginia, overtime pay is required at one and a half times the employee's regular rate for hours worked beyond a full-time workweek. However, state overtime rules have narrow coverage: they only apply when the employer is not covered by federal overtime laws, fewer than 80% of the workforce performs interstate commerce duties, and the employer has at least six non-exempt employees at one work location. Most West Virginia workers are actually covered by federal overtime requirements, which apply more broadly than the state rules. The state overtime provisions serve as a backstop for workers whose employers fall outside federal jurisdiction. Employers and employees in West Virginia should review the state's Minimum Wage & Overtime Fact Sheet or contact the U.S. Department of Labor Wage & Hour Division to determine which overtime rules apply to their situation, since the two systems have different coverage thresholds and 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. 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 with questions about minimum wage rates or wage complaints should contact the appropriate agency. For state minimum wage issues, contact the WV Division of Labor Wage & Hour section. For federal minimum wage questions, or when an employer does not meet the state six-employee coverage requirement, contact the U.S. Department of Labor Wage & Hour Division. The federal agency can be reached at www.dol.gov or by calling 866-487-9243. The same contact information applies for questions about training wages and federal tip credits. Workers should determine which agency has jurisdiction based on their employer's size and coverage status. The WV Division of Labor enforces state minimum wage law for employers with at least six non-exempt employees at one work location; the U.S. Department of Labor handles all other cases.
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) What is meant by a non-exempt employee?
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, workers in West Virginia receive the higher of the two rates. Since West Virginia's state minimum wage of $8.75 per hour exceeds the federal minimum wage, the state rate applies to all covered employees working for employers with at least six non-exempt employees at one location. However, if an employer does not meet the state's six-employee threshold, federal minimum wage requirements may still apply to those workers. This means some employees of the same employer could be covered by different wage standards depending on their work location. The principle is that workers always receive the greater protection available: state law when it provides more, federal law when state coverage requirements are not met. West Virginia workers should verify their employer's coverage status to understand which minimum wage applies to them.
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
In West Virginia, employers may count tips toward the minimum wage obligation for service employees through a tip credit. The state allows a 70% credit, meaning an employer may pay a tipped employee a cash wage of $2.62 per hour, provided the employee's cash wage plus reported tips equals at least $8.75 per hour. If the employee's tips combined with the cash wage fall short, the employer must make up the difference. Employers must maintain written tip records completed by the employee to claim this credit. If such records are not provided, the employer must pay the full minimum wage with no tip credit. West Virginia law also requires that only employees eligible to receive tips may participate in tip pools, and employers may never take a share of employees' tips. An employer may also prohibit employees from accepting tips entirely, but in that case must pay the full $8.75 per hour.
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 deduct certain amounts from wages for meals and tips, but only under specific conditions. When an employer provides meals to an employee who works a full eight hours, the employer may deduct $4.00 per day as a meal credit without needing written authorization. For shorter shifts where a meal is still provided and eaten, the deduction is $.50 per hour. However, if the employee does not eat the meal, no meal credit deduction is permitted. For tip credits, employers must have written tip records completed by the employee. Without those records, the employer must pay the full minimum wage of $8.75 per hour. These rules protect workers from unauthorized deductions that would push their pay below the minimum wage. Employers in West Virginia must follow these documentation requirements carefully, and workers who believe improper deductions have been made should contact the WV Division of Labor.
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
In West Virginia, when the state minimum wage is lower than the federal minimum wage, the federal rate applies to workers. However, West Virginia's state minimum wage of $8.75 per hour currently exceeds the federal minimum wage, so the state rate applies to covered employees. State coverage requires employers to have at least six non-exempt employees at one separate, distinct and permanent work location. When employers do not meet this six-employee threshold, state minimum wage requirements do not apply, but federal minimum wage requirements may still cover those workers. This creates a system where West Virginia workers receive protection from either state or federal law depending on their employer's size and location. The federal rate serves as a backstop ensuring all workers receive at least the federal minimum, even when state coverage requirements are not satisfied.
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
the state minimum wage of $8.75 will apply whenever there are six (6) or more non-exempt employees working at any one separate, distinct and permanent work location
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state