2019 West Virginia Tipped Minimum Wage
The 2019 West Virginia Tipped Minimum Wage is $2.62.
Effective 2019-01-01Source: Minimum Wage FAQ (West Virginia Division of Labor)Verified 2026-08-31
Compared with 2018
Every figure on this page is unchanged from 2018.
| Item | 2018 | 2019 | Change |
|---|---|---|---|
| Minimum cash wage | $2.62 | $2.62 | +$0 (+0.0%) |
Who it applies to
Employers with tipped employees in West Virginia
What changed this year, and why
West Virginia's minimum cash wage for tipped employees remained $2.62 per hour for 2019, unchanged from 2018.
Common questions
- What is the tipped minimum wage in West Virginia for 2019?
- For 2019, the minimum cash wage an employer may pay a tipped employee in West Virginia is $2.62 per hour. The employer must ensure that the employee's cash wage plus reported tips together reach at least the full state minimum wage.
- Did the tipped minimum cash wage change from 2018 to 2019?
- No. The tipped minimum cash wage in West Virginia was $2.62 per hour in both 2018 and 2019.
What a tip credit is, and the cash wage underneath it
West Virginia law requires employers to maintain written tip records completed by the employee in order to claim a tip credit against the minimum wage. If your employer does not have these written records, they cannot take the tip credit and must pay you the full state minimum wage of $8.75 per hour instead of the lower cash wage. This documentation requirement protects workers by ensuring that the employer has actual proof of your tip earnings before reducing your direct wage. Without proper records, the employer bears the full responsibility for paying the standard minimum wage. The written records must be completed by you, the employee, to verify the tips you actually received.
In order to take a credit against the minimum wage for tips, the employer must have written tip records completed by the employee. If such tip records were not provided, the employer would have to pay the employee the full minimum wage of $8.75 per hour.
Minimum Wage FAQ (West Virginia Division of Labor)
When the tips do not get you to the minimum wage
When a tipped employee in West Virginia does not earn enough in tips to reach the state minimum wage, the employer must make up the difference. The employer can pay a cash wage of $2.62 per hour, but the employee's total compensation—their hourly cash wage plus their reported tips—must equal at least $8.75 per hour. If your tips fall short in any workweek, your employer cannot simply pay you the lower cash wage. They are required to increase your wages so that your total hourly earnings meet the state minimum wage requirement. This protection ensures that tipped workers in West Virginia always receive at least $8.75 per hour when you combine their direct wages with their tips, regardless of how much they actually earn in gratuities during a particular period.
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)
The notice an employer owes you before it takes the credit
West Virginia requires employers to maintain written tip records completed by the employee before claiming a tip credit against the minimum wage. If your employer does not have these written records showing the tips you actually received, they cannot pay you the lower cash wage of $2.62 per hour. Instead, they must pay you the full state minimum wage of $8.75 per hour. This documentation requirement serves as notice to you and creates a record of your tip earnings. The written records must be completed by you as the employee, ensuring accuracy. Without proper documentation, the employer loses the right to take the tip credit and must pay the standard minimum wage for all hours worked.
In order to take a credit against the minimum wage for tips, the employer must have written tip records completed by the employee. If such tip records were not provided, the employer would have to pay the employee the full minimum wage of $8.75 per hour.
Minimum Wage FAQ (West Virginia Division of Labor)
When state law gives more than the federal rule
In West Virginia, the state minimum wage requirement is higher than the federal minimum wage. When state law provides greater protection to employees than federal law, the state standard applies. For tipped employees, this means West Virginia's tip credit rules govern when your employer has at least six employees at your work location. The state allows employers to claim a tip credit and pay the minimum cash wage of $2.62 per hour. If your workplace does not meet the six-employee threshold for state coverage, federal minimum wage rules may apply instead. Workers in West Virginia benefit from whichever standard—state or federal—provides the higher wage or greater protection in 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.
Minimum Wage FAQ (West Virginia Division of Labor)
Your employer, your manager and your supervisor may not keep your tips
West Virginia law allows employers to establish a policy that prohibits employees from accepting tips, but only if all covered employees still receive at least the full state minimum wage of $8.75 per hour. This means your employer can ban tips entirely, but they cannot use that policy to pay you less than the standard minimum wage. If your employer prohibits tips, they must pay you the full minimum wage directly. This rule prevents employers from banning tips while still paying the lower tipped wage rate, which would result in workers earning less than they are entitled to under state law.
May an employer establish a policy that prohibits employees from accepting tips? Yes, as long as all employees that are covered by state minimum wage requirements receive an hourly rate of at least $8.75.
Minimum Wage FAQ (West Virginia Division of Labor)
Which tip pools you can be made to join
In West Virginia, state law is clear about tip pooling. Only employees who are themselves eligible to receive tips can be included in a tip pool or tip sharing arrangement. This means the pool must be limited to workers in positions where tips are a regular part of their compensation, such as servers and bartenders. The law also prohibits employers from taking any share of the tips collected in a tip pool. Your employer cannot keep any portion of the tips you earn, whether through a tip pool or directly. This rule ensures that tips stay with the workers who earn them through their service and are not diverted to management or the business itself.
State law is very specific relating to the sharing of tips. Only those employees that are eligible to receive tips may be included in a tip pool, or tip sharing situation. Under no circumstances may the employer receive a share of any tips.
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 FAQ (West Virginia Division of Labor)
- Minimum cash wage
That means an employer may pay his or her tipped employees a cash wage of $2.62 per hour
Other years
Every West Virginia Tipped Minimum Wage year · Tipped Minimum Wage in every state