2022 West Virginia Minimum Wage
The 2022 West Virginia Minimum Wage is $8.75.
Effective 2022-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-09-01
Compared with 2021
Every figure on this page is unchanged from 2021.
| Item | 2021 | 2022 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers with six or more non-exempt employees at any one separate, distinct, and permanent work location in West Virginia
What changed this year, and why
West Virginia's state minimum wage rate for 2022
Common questions
- What is the minimum wage in West Virginia and when does it apply?
- The state minimum wage is $8.75 per hour and applies when six or more non-exempt employees work at any one separate, distinct, and permanent work location. Where fewer than six such employees work at a location, the federal minimum wage may apply instead.
Minors, students and training wages: who may be paid less than the rate on this page
West Virginia does not set its own subminimum wage for minors or students. Instead, the state’s minimum-wage law defers that authority entirely to the federal government. Under federal rules, employers may obtain special certificates to pay certain workers below the standard hourly rate: full-time students in retail or service jobs, student-learners in vocational programs, and workers whose productivity is impaired by a disability. The rate on this page—$8.75 per hour—is the floor that applies to covered employees in West Virginia who do not fall under one of those federal exemptions. Employers in the state who wish to pay a subminimum wage to any of those categories must apply to the U.S. Department of Labor’s Wage and Hour Division and follow federal procedures; West Virginia does not impose additional conditions or separate rates of its own.
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 law requires employers to pay overtime at a rate of one and one-half times the employee's regular rate of pay for all hours worked over forty in a seven consecutive day workweek. However, state overtime rules only apply when three conditions are met: the employer is not covered by federal overtime laws due to interstate commerce or federal enterprise coverage, less than 80% of the workforce performs interstate commerce duties, and the employer has at least six non-exempt employees at one work location. If these conditions are not satisfied, federal overtime rules may apply instead. Workers in West Virginia should understand which overtime provisions cover their employment situation.
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
West Virginia employees with questions about minimum wage rates or concerns about unpaid wages should contact the appropriate labor agency. For questions about federal minimum wage jurisdiction, workers should contact the United States Department of Labor, Wage and Hour Division at www.dol.gov or 866-487-9243. For state minimum wage matters, the West Virginia Division of Labor handles wage and hour issues and can provide guidance on whether the $8.75 hourly minimum wage applies. Workers who believe their employer has not paid the correct wage can file a complaint with the appropriate agency. Understanding which agency handles your situation ensures you get the right assistance.
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 of $8.75 per hour is currently higher than the federal minimum wage, so workers in the state receive the higher state rate. The state minimum wage applies in all cases where at least six non-exempt employees work at one location. However, if an employer does not meet the six employee threshold at a particular work location, the federal minimum wage may still apply. This means that depending on workplace size and location, some West Virginia workers may be covered by state law while others at the same company fall under federal jurisdiction. Employers and employees should understand which rate applies to their specific 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. 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
Under West Virginia law, employers of tipped service employees may take a credit equal to 70 percent of the state minimum wage toward that obligation. This means an employer in West Virginia may pay a cash wage as low as $2.62 per hour to a tipped employee, provided the employee's reported tips bring total hourly compensation up to at least $8.75. If tips plus the cash wage fall short of $8.75 in any given hour, the employer must make up the difference. Employers must keep written tip records completed by the employee in order to claim the credit. West Virginia also permits meal and lodging credits: when an employer furnishes meals or lodging, the value of those items may count toward meeting the minimum wage obligation. For example, when an employee works a full eight-hour shift, the employer may deduct a daily meal credit without needing written authorization; for shorter shifts where the employee still eats the provided meal, a per-hour meal credit applies. No credit may be taken if the employee does not actually eat the meal.
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 allows employers to take deductions from wages for meals provided to employees under specific conditions. When an employer makes meals available and the employee works a full eight hours, the employer may deduct $4.00 per day as a meal credit without written authorization. If the employee works less than eight hours but still eats, the deduction is $.50 per hour. However, if the employee does not eat the meal provided, no deduction is permitted. These meal credits reduce the cash wage the employer must pay while still ensuring the employee receives at least the $8.75 minimum wage in total compensation. Employers must follow these rules carefully when applying meal credit deductions in West Virginia.
May an employer take a deduction from wages for providing meals to employees? 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
West Virginia law requires that the state minimum wage of $8.75 per hour apply to employers with at least six non-exempt employees at one work location. However, if an employer does not meet this threshold, the federal minimum wage may apply instead. The location of work is determined by where employees actually perform their duties, even if that is at home or a client's residence. For temporary assignments at different locations, the work location is where assignments are issued. Out-of-state employers with six or more employees at any West Virginia location must pay at least the state minimum wage to those employees.
In order for state minimum wage requirements to apply, there must be at least six (6) or more non-exempt employees working at the same separate, distinct and permanent work location. 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
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state