2024 West Virginia Minimum Wage
The 2024 West Virginia Minimum Wage is $8.75.
Effective 2024-01-01Source: Minimum Wage (West Virginia Division of Labor)Verified 2026-09-01
Compared with 2023
Every figure on this page is unchanged from 2023.
| Item | 2023 | 2024 | Change |
|---|---|---|---|
| Hourly | $8.75 | $8.75 | +$0 (+0.0%) |
Who it applies to
Employers and employees subject to the West Virginia Minimum Wage & Maximum Hour Standards, enforced by the WV Division of Labor Wage & Hour Section.
What changed this year, and why
West Virginia's minimum wage rate for 2024 remains $8.75 per hour, the same as in 2023.
Common questions
- When does the West Virginia state minimum wage apply instead of the federal minimum wage?
- The state minimum wage applies at any work location where six or more non-exempt employees are working. At locations with fewer than six employees, the federal minimum wage may apply instead.
- Did the rate change from 2023 to 2024?
- The state minimum wage rate was unchanged from 2023 to 2024.
Minors, students and training wages: who may be paid less than the rate on this page
In West Virginia, 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. 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. As the federal requirement currently meets that standard, the USDOL has jurisdiction in this state relating to training wages. Workers age 20 or younger in their first 90 days of employment should contact the U.S. Department of Labor, Wage & Hour Division for the applicable subminimum rate. The document does not address separate subminimum rates for students or other categories beyond the training wage for young workers.
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. 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. As the federal requirement currently meets that standard, the USDOL has jurisdiction in this state relating to training wages.
Minimum Wage FAQ (West Virginia Division of Labor)
Overtime is paid at one and one-half times the regular rate
Under West Virginia's maximum hour standards, employers must pay overtime wages at a rate of one and one-half times the employee's regular rate of pay for all hours actually worked over forty within a seven consecutive day workweek. This applies as long as the employer is not already covered by federal overtime laws, fewer than 80% of the employer's workforce are performing 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. Workers in West Virginia should confirm that their employer meets these criteria before expecting state overtime protections, since employers already subject to federal overtime rules follow the federal standard instead.
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 law sets a single statewide minimum wage of $8.75 per hour for covered employees. The rule applies at any separate, distinct and permanent work location where six or more non-exempt employees work, and it does not matter whether wages are paid by the hour, by the piece, or by some other unit of measurement. The Wage & Hour Division of the WV Division of Labor is the state agency that answers questions about the rate and enforces it. Workers who believe they are being paid below the required hourly amount should contact the Division through its Wage & Hour office or use the online Request for Assistance form on the agency's website. Because this is a state rule, workers employed in West Virginia deal with the state Division of Labor for enforcement, not a federal agency, unless their job falls under federal jurisdiction instead.
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
In West Virginia, the state minimum wage of $8.75 per hour currently applies because it is higher than the federal rate. Workers in the state are generally covered by the higher of the two rates. The state rule requires at least six non-exempt employees at one work location for state coverage. When that threshold is not met, federal minimum wage requirements may still apply to those workers. For questions about federal jurisdiction, workers can contact the United States Department of Labor, Wage & Hour Division. The key principle is that when both state and federal rules could apply, the worker receives the benefit of whichever rate is higher.
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 law allows employers to count tips toward the minimum wage obligation for service employees. Employers may take a 70% credit against the $8.75 per hour minimum wage, meaning they may pay tipped workers a cash wage of $2.62 per hour. But the employee's hourly cash rate plus reported tips must equal at least $8.75 per hour. If the tips fall short, the employer must make up the difference. Employers must maintain written tip records completed by the employee to take this credit. Without those records, the employer must pay the full minimum wage with no tip credit. Only employees who are eligible to receive tips may participate in a tip pool, and under no circumstances may the employer take a share of any tips.
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 for meals provided. 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. These meal deductions reduce the cash wage the employer must pay, but they cannot bring the employee's total compensation below the minimum wage floor. Workers in West Virginia should understand when meal credits are properly applied and when they are not permitted.
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 is $8.75 per hour. In order for the state minimum wage requirements to apply, there must be at least six 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 instead. This means that some workers in West Virginia are covered by federal rules rather than state rules, even though they work in the state. Workers who are not covered by the state rule because their employer has fewer than six employees at their location may still be protected by the federal minimum wage. For questions about federal coverage, workers can contact the United States Department of Labor, Wage & Hour Division.
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
Other years
Every West Virginia Minimum Wage year · Minimum Wage in every state