2021 West Virginia Minimum Wage
The 2021 West Virginia Minimum Wage is $8.75.
Effective 2021-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-09-01
Compared with 2020
Every figure on this page is unchanged from 2020.
| Item | 2020 | 2021 | 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 a single work location. Employers with fewer than six employees at a location may be subject to the federal minimum wage instead.
What changed this year, and why
West Virginia's state minimum wage remained at $8.75 per hour in 2021, unchanged from 2020.
Common questions
- What is the minimum wage in West Virginia for 2021?
- The state minimum wage in West Virginia is $8.75 per hour for 2021.
- Does the West Virginia minimum wage apply to all employers?
- The state minimum wage applies when six or more non-exempt employees work at any one separate, distinct, and permanent work location. Employers with fewer than six employees at a location may fall under the federal minimum wage instead.
Who to ask about this rate, and where to take a wage complaint
Employees in West Virginia with questions about minimum wage rates or who need to file a wage complaint should contact the appropriate labor agency. For questions about state minimum wage requirements, including the $8.75 per hour rate and coverage rules, workers should contact the West Virginia Division of Labor, Wage & Hour section. For questions about training wages, federal minimum wage coverage when state requirements do not apply, or federal tip credits, workers should contact the United States Department of Labor, Wage & Hour Division at www.dol.gov or 866-487-9243 (866-4USWAGE). The United States Department of Labor has jurisdiction over training wages in West Virginia because federal standards are equal to or greater than state requirements. Workers should determine whether their employer is covered by state or federal minimum wage laws before filing a complaint, as coverage depends on factors such as the number of employees at a single work location and interstate commerce activity.
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 $8.75 per hour minimum wage is above the federal floor, so for covered employees the state rate is the one that applies. Under federal law, when a state and the United States both set a minimum wage, the employee is entitled to the higher of the two. Because $8.75 is more than the current federal rate, workers in West Virginia at covered locations are owed $8.75 per hour, not the lower federal figure. The state rate applies whenever an employer has six or more non-exempt employees at a single separate, distinct and permanent work location in West Virginia. If that six-employee threshold is not met at a given location, the state floor does not apply at that site and the federal rate takes over instead. Workers who are not covered by the state minimum wage because their employer has too few staff at their location should contact the U.S. Department of Labor, Wage & Hour Division for federal coverage guidance.
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's minimum wage standards allow employers to count tips toward meeting the minimum wage requirement for service employees. Employers may take a 70% credit against the minimum wage requirement for workers who receive tips, which means an employer may pay a reduced cash wage as long as the employee's hourly cash rate plus reported tips equal at least $8.75 per hour. This tip credit provision applies only when the employer meets the state coverage requirement of having at least six non-exempt employees at any one separate, distinct and permanent work location. If that requirement is not met, federal tip credit rules may apply instead, and workers would need to contact the United States Department of Labor for information. The tip credit allows employers in the service industry to pay lower base wages to tipped employees while ensuring that total compensation including tips meets the minimum wage standard.
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 allows employers to deduct meal credits from employee wages without obtaining written authorization. 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. 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. These meal credits allow employers to count the value of food provided toward meeting wage obligations, but only when the employee actually consumes the meal. Workers should be aware that these deductions reduce the cash wages they receive, even though the total compensation including the meal credit value may still meet or exceed the minimum wage requirement.
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, the state minimum wage of $8.75 per hour applies when an employer has at least six non-exempt employees working at one separate, distinct, and permanent location. However, if that six-employee requirement is not met at a particular work location, state minimum wage requirements do not apply to employees at that location. When state coverage requirements are not satisfied, federal minimum wage requirements may still apply instead. This means that workers at smaller workplaces in West Virginia where the employer does not have six or more non-exempt employees may be covered by federal rather than state law. The state minimum wage will apply in all cases where there are at least six non-exempt employees working at one location, because West Virginia's rate is currently higher than the federal rate. For information about federal minimum wage jurisdiction, workers should contact the United States Department of Labor, Wage & Hour Division.
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)
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
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state