West Virginia Minimum Wage 2026: $8.75 for Employers With Six or More
West Virginia minimum wage is $8.75 per hour in 2026 for employers with six or more employees at a location, unchanged since 2016. Tipped cash wage is $2.62 under a 70 percent tip credit. Coverage rule, training wage, overtime, and an employer checklist.
The West Virginia minimum wage is $8.75 per hour in 2026. The rate took effect on January 1, 2016 and has not changed since. The state law applies only when an employer has six or more non-exempt employees at the same separate, distinct, and permanent work location; smaller sites fall back to the federal $7.25. Tipped employees may be paid a cash wage of $2.62 per hour under West Virginia's 70 percent tip credit, as long as cash wage plus tips reaches $8.75. There is no local minimum wage anywhere in the state and no increase scheduled.
Reviewed September 2026
Figures come from the West Virginia Division of Labor's Minimum Wage FAQ and the US Department of Labor's July 1, 2026 state and tipped wage tables. The six-employee location test determines whether the state rate applies at all, so confirm coverage for each site with the Division of Labor before setting pay.
Current West Virginia Minimum Wage
West Virginia's minimum wage is $8.75 per hour. The Division of Labor's FAQ states: "As of January 1, 2016, the state minimum wage is $8.75 per hour." The US Department of Labor table lists the same rate and the coverage condition of 6 or more employees at one location.
The location test is unusual and matters. The FAQ explains the state rate applies when there are "at least six (6) or more non-exempt employees working at the same separate, distinct and permanent work location." A restaurant group with 40 employees spread across ten locations of four each is not covered by the state minimum wage at any of them, though every location is almost certainly covered by the federal FLSA and owes $7.25. A single store with six non-exempt staff is covered and owes $8.75.
West Virginia Minimum Wage vs Federal Minimum Wage
| Measure | West Virginia (2026) | Federal (2026) | Difference |
|---|---|---|---|
| Hourly minimum wage | $8.75 (6+ employees at a location) | $7.25 | $1.50 |
| Tipped cash wage | $2.62 | $2.13 | $0.49 |
| Maximum tip credit | $6.13 (70 percent of $8.75) | $5.12 | $1.01 |
| Weekly pay at 40 hours | $350.00 | $290.00 | $60.00 |
| Annual pay at 2,080 hours | $18,200 | $15,080 | $3,120 |
| Last increase | January 1, 2016 | July 24, 2009 |
The $1.50 gap is modest by national standards, but West Virginia's rate has now been frozen for a decade. Bills to raise it have been introduced in most recent sessions without passing.
Tipped Minimum Wage in West Virginia
West Virginia allows employers "a 70% credit against the minimum wage requirement for their service employees that receive tips," which produces a cash wage of $2.62 per hour. The Division of Labor requires that "the employee's hourly cash rate, plus reported tips, equal $8.75 per hour." The DOL tipped table lists the same $2.62 cash wage and $6.13 maximum credit.
Because the credit is expressed as a percentage, any future increase in the minimum wage would raise the cash wage automatically. For now, the rules to apply are:
- Pay at least $2.62 per hour in cash for every hour worked
- Reconcile tips each pay period and pay any shortfall to $8.75
- Base overtime on the full $8.75, not the cash wage
- Keep tips out of the hands of managers and supervisors
West Virginia Minimum Wage Increase Schedule
The 2014 legislation (House Bill 4283) raised the rate in two steps and then stopped. No further increase has passed and the rate is not indexed.
| Effective date | Rate | Basis |
|---|---|---|
| Before 2015 | $7.25 | Matched federal |
| January 1, 2015 | $8.00 | House Bill 4283, step 1 |
| January 1, 2016 | $8.75 | House Bill 4283, step 2 |
| 2017 to 2026 | $8.75 | No change |
Employers should not expect a 2027 change unless the legislature passes a new bill in the 2027 session, which would normally take effect later that year or the following January.
Local Minimum Wages in West Virginia
None. No West Virginia city or county has adopted a local minimum wage, and the statewide rate applies in Charleston, Huntington, Morgantown, and everywhere else. Neighboring states vary widely: Maryland is at $15.00, Pennsylvania, Kentucky, and Virginia's neighbor Ohio are at $7.25, $7.25, and $11.00 respectively, and Virginia is at $12.77 in 2026. Employers with staff working across the state line pay the rate of the state where the work is performed.
Who Is Covered and Who Is Exempt
Coverage under the state minimum wage turns first on the six-employee location test. Within covered employers, exemptions include bona fide executive, administrative, and professional employees who meet the duties tests, certain agricultural and seasonal workers, and some employees of nonprofit recreational programs.
The state defers training-wage questions to federal rules. The FAQ states that West Virginia "specifically defer[s] jurisdiction relating to training wages to the United States Department of Labor," which means the federal youth minimum wage of $4.25 for workers under 20 during their first 90 consecutive calendar days is the applicable training rule. For classification rules, see exempt vs non-exempt employees. At $8.75 an hour a full-time worker earns $18,200, below the $35,568 federal salary threshold, so minimum wage staff cannot be exempt.
Overtime and the Minimum Wage
The Division of Labor requires overtime "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," subject to the same six-employee test. Employers below the threshold still owe federal overtime under the FLSA. A 45-hour week at $8.75 pays:
| Component | Hours | Rate | Pay |
|---|---|---|---|
| Regular | 40 | $8.75 | $350.00 |
| Overtime | 5 | $13.13 | $65.63 |
| Total | 45 | $415.63 |
See overtime pay laws by state and the overtime calculator.
What a Minimum Wage Worker Earns in West Virginia
| Period | Hours | At $8.75 | At $7.25 (federal, small sites) |
|---|---|---|---|
| Week | 40 | $350.00 | $290.00 |
| Month | 173.33 | $1,516.64 | $1,256.64 |
| Year | 2,080 | $18,200 | $15,080 |
Gross figures before deductions. Use the salary to hourly calculator for other rates and see gross pay for withholdings.
Employer Compliance Checklist
- Count non-exempt employees per location. Six or more at one permanent site means $8.75; fewer means the federal $7.25 still applies.
- Pay tipped employees at least $2.62 in cash and reconcile to $8.75 every pay period.
- Apply the federal youth wage rules if you use a training rate; the state defers to the US Department of Labor.
- Pay overtime after 40 hours at 1.5 times the regular rate, based on $8.75 for tipped staff.
- Post the West Virginia minimum wage notice at each covered location.
- Keep hour records with a time card calculator or automated tracking, since the location test makes headcount and hours the whole case.
For other states, see minimum wage by state.
Track Hours by Location
HiveDesk records hours per employee and per site, so you can apply the right West Virginia or federal rate and prove overtime. $5/user/month, 14-day free trial.
Common Minimum Wage Mistakes in West Virginia
The six-employee location test drives most West Virginia minimum wage errors:
- Counting employees company-wide. The test is per separate, distinct, and permanent work location. A chain with 30 employees across eight sites may have no location that meets the threshold.
- Counting exempt employees toward the six. Only non-exempt employees count. A store with five hourly staff and two exempt managers is not covered by the state rate.
- Concluding that "not covered" means "no minimum wage." Sites below the threshold still owe the federal $7.25 under the FLSA.
- Paying tipped employees $2.13. West Virginia's 70 percent credit produces a $2.62 cash wage at covered locations.
- Using a state training wage that does not exist. West Virginia defers to federal rules, so the $4.25 youth wage for workers under 20 during their first 90 days is the only sub-minimum option.
- Applying state overtime rules to uncovered sites. The state overtime rule uses the same six-employee test; federal overtime still applies everywhere.
Frequently Asked Questions
What is the minimum wage in West Virginia in 2026?
$8.75 per hour for employers with six or more non-exempt employees at one location. Smaller locations fall under the federal $7.25.
Is West Virginia raising the minimum wage in 2027?
No increase is scheduled. The rate has been $8.75 since January 1, 2016 and is not indexed.
What is the tipped minimum wage in West Virginia?
$2.62 per hour in cash, based on a 70 percent tip credit, plus tips to reach $8.75.
Does West Virginia have a training wage?
The state defers training wages to federal rules, so the federal $4.25 youth wage for workers under 20 during their first 90 days is the applicable rate.
Does the six-employee rule count all employees?
It counts non-exempt employees at the same separate, distinct, and permanent work location. Employees at other locations do not count toward a given site.
How much is West Virginia minimum wage per year?
$18,200 before taxes at 2,080 hours.
Can Charleston or Morgantown set a higher minimum wage?
No local minimum wages exist in West Virginia; the state rate applies everywhere.
Does West Virginia require daily overtime?
No. Overtime is owed after 40 hours in a seven-day workweek.