West Virginia Labor Laws 2026: Wage, Overtime, Breaks, and Leave

West Virginia's wage and hour rules are enforced by the West Virginia Division of Labor, Wage and Hour Section, under the Minimum Wage and Maximum Hours Standards Act and the Wage Payment and Collection Act. The state sets a minimum wage above the federal floor, adds a short meal break rule that federal law lacks, and requires final wages by the next regular payday. Beyond that, most day-to-day rules for West Virginia employers come from the federal Fair Labor Standards Act.

Minimum Wage in West Virginia

West Virginia's minimum wage is $8.75 per hour, which is $1.50 above the federal $7.25. The state rate applies to employers with six or more employees at one location, and the federal rate applies to everyone else covered by the FLSA. Tipped employees can be paid a cash wage of $2.62 an hour as long as tips bring them to $8.75. The rate has not changed since 2016 and no increase is scheduled.

See the full West Virginia minimum wage guide for the tipped rules, the training wage, and how the state rate compares to neighboring states. The minimum wage by state table shows where West Virginia sits nationally.

Overtime Rules

West Virginia requires overtime at 1.5 times the regular rate for hours over 40 in a workweek for employers covered by the state act, and the FLSA requires the same for everyone else. There is no daily overtime rule and no premium for weekend or holiday work. The state exempts the same executive, administrative, and professional employees the FLSA does, so the federal salary threshold of $684 per week is the number that matters.

A worked example at the state minimum: an employee paid $8.75 who works 45 hours earns $350.00 for the first 40 hours plus $65.63 for the 5 overtime hours at $13.13, for a total of $415.63. The overtime calculator handles any rate and any number of hours, and the guide to overtime pay laws by state explains how the federal and state rules fit together.

Meal and Rest Breaks

West Virginia is one of a minority of states that requires a meal break for adult employees. Under W. Va. Code 21-3-10a, employers must make available at least 20 minutes for meal breaks during any workday of six or more hours, at times the employer reasonably designates. The Division of Labor's guidance adds three practical points: the 20 minutes may be split into smaller increments, the requirement does not apply if the employee already gets a lunch or break period, and it does not apply if the employee is allowed restroom breaks and can eat while working.

Break	Requirement	Paid
Meal break	At least 20 minutes in a workday of 6 or more hours	Breaks of 20 minutes or less must be paid; breaks of 30 minutes or more may be unpaid if the employee is fully relieved of duty
Rest break	Not required by state law	Federal rule: short breaks of 5 to 20 minutes are paid work time when offered
Minors under 16	30 minutes after 5 continuous hours	Follows the child labor statute

The combination is unusual: the state requires 20 minutes, but federal rules treat a break of 20 minutes or less as paid time. An employer that offers exactly the 20-minute minimum is therefore giving a paid break. Many employers offer a 30-minute unpaid lunch instead, which satisfies the statute. Our guide to rest and meal break laws by state compares the rules, and the break time calculator shows how breaks affect paid hours on a shift.

Paid Sick Leave and Other Leave

West Virginia does not require private employers to provide paid sick leave, paid vacation, or paid family leave. Leave is a matter of employer policy and contract, with a few statutory exceptions.

Leave type	West Virginia rule
Paid sick leave	Not required
Paid family and medical leave	Not required; federal FMLA applies to employers with 50 or more employees
Jury duty	Employers may not discharge or penalize an employee for serving; no pay requirement
Voting	Up to 3 hours of paid leave if the employee lacks sufficient time outside work and requests it in advance (W. Va. Code 3-1-42)
Military leave	Protected under federal USERRA and state law for National Guard duty
Bereavement	Not required

The paid sick leave laws by state guide lists the states that do mandate it, and the jury duty laws guide covers the pay rules elsewhere. Confirm the voting leave conditions with the Division of Labor before relying on them, since the statute has specific request and timing requirements.

PTO Payout and Final Paychecks

The Wage Payment and Collection Act sets the final paycheck rule. Whether an employee quits, resigns, retires, or is fired, all wages earned before separation are due on or before the next regular payday on which they would otherwise have been paid. The same deadline applies to layoffs. Final wages are paid through the employer's normal payroll method unless the employee asks for a mailed check, which counts as paid on the postmark date.

Accrued vacation is treated as a fringe benefit. The Division's Fact Sheet 6 explains that fringe benefits earned and payable under a written company policy are part of final wages unless the policy designates them payable later or sets conditions that have not been met. In practice, a written policy controls whether unused PTO is paid out, so the policy language matters. Late final wages expose the employer to liquidated damages of up to three times the unpaid amount plus attorney fees. The PTO payout laws by state guide shows how West Virginia compares.

Pay frequency: West Virginia employers must pay at least once every two weeks.

Exempt vs Non-Exempt Employees

West Virginia follows the federal exemption framework. An employee is exempt from overtime only if paid on a salary basis, paid at least $684 per week ($35,568 a year), and primarily performing executive, administrative, professional, computer, or outside sales duties. Paying a salary alone does not make a role exempt, and a job title carries no weight. Hourly employees, most contact-center agents, retail staff, and production workers are non-exempt and must be paid overtime.

Read exempt vs non-exempt employees for the three tests and the common misclassification mistakes, and use the FLSA exemption flowchart to check a specific role.

Child Labor Rules

West Virginia Code chapter 21, article 6 sets the state rules, and federal child labor rules apply on top of them. Children under 14 may work only in agriculture not declared hazardous, domestic service in the employer's home, a parent's solely owned business, entertainment, or newspaper delivery. Children under 16 need a work permit and parental consent.

Age group	School in session	School not in session	Hours of the day
Under 16	3 hours a day, 18 hours a week	8 hours a day, 40 hours a week	7 a.m. to 7 p.m. (9 p.m. from June 1 through Labor Day)
16 and 17	No state hour limits; federal hazardous occupation rules apply	Same	No state curfew

Minors under 16 may not work more than five hours continuously without a 30-minute lunch period. The federal child labor laws guide covers the hazardous occupation list that applies to all workers under 18.

Other West Virginia Employment Rules

• Pay statements. Employers must give employees a written itemized statement of deductions with each payment of wages.
• Wage deductions. Deductions beyond taxes and court orders need a written wage assignment signed by the employee that meets the Wage Payment and Collection Act's form requirements.
• Drug and alcohol testing. The West Virginia Safer Workplace Act (2017) allows employers to test applicants and employees under a written policy and sets procedures for testing; confirm the current requirements with counsel before adopting a program.
• Non-compete agreements. Enforceable when reasonable in scope and duration, with a 2022 statute restricting non-competes for certain physicians; no general ban applies.
• Right to work. West Virginia is a right-to-work state, so union membership and dues cannot be a condition of employment.
• Local minimum wages. The state minimum wage act does not authorize higher city rates, and none are in force.

Hiring, Termination, and Record-Keeping

West Virginia is an at-will employment state. Either party may end the relationship at any time for any lawful reason, subject to contracts, collective bargaining agreements, and anti-discrimination law. The West Virginia Human Rights Act covers employers with 12 or more employees and prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 and over), blindness, and disability. Federal Title VII covers employers with 15 or more employees.

Required postings include the state minimum wage and wage payment notices from the Division of Labor alongside the federal FLSA, OSHA, EEOC, and FMLA posters. Federal law requires payroll records to be kept for three years and time cards for two years. A written timekeeping policy that documents the 20-minute break rule and how hours are recorded protects the employer in a wage claim, and a time card calculator or automatic time tracking keeps the records accurate.

Frequently Asked Questions

What is the minimum wage in West Virginia in 2026? $8.75 per hour for employers with six or more employees at one location. Smaller employers covered by the FLSA pay the federal $7.25. Tipped employees may be paid $2.62 an hour in cash plus tips.

Are employers in West Virginia required to give lunch breaks? Yes, in a limited way. Any workday of six or more hours must include at least 20 minutes for meals unless the employee already receives a break or can eat while working with restroom access.

Does West Virginia have daily overtime? No. Overtime is owed only for hours over 40 in a workweek, at 1.5 times the regular rate.

When is a final paycheck due in West Virginia? On or before the next regular payday, whether the employee quit or was fired. Business-closure or mailed-check rules do not shorten the deadline.

Does West Virginia require paid sick leave? No. There is no state paid sick leave, paid vacation, or paid family leave mandate for private employers.

Is unused vacation paid out when an employee leaves in West Virginia? It depends on the written policy. Earned vacation that is payable under the policy is part of final wages; a policy that conditions or forfeits payout is enforceable.

How many hours can a 15-year-old work in West Virginia? Three hours on a school day and 18 in a school week, or 8 hours a day and 40 a week when school is out, between 7 a.m. and 7 p.m. (9 p.m. in summer).

Is West Virginia an at-will state? Yes. Employment can be ended by either side at any time for any lawful reason, subject to contract and anti-discrimination protections.

Sources

• West Virginia Division of Labor, Wage and Hour Section
• Employee meal break statute and legislative rule (W. Va. Code 21-3-10a)
• WPCA Fact Sheet 6: Payment of Final Wages (PDF)
• W. Va. Code 21-6-1 (employment of children under fourteen)
• W. Va. Code 21-6-7 (hours of labor by minors)
• US Department of Labor: state minimum wage laws
• US Department of Labor: state meal period requirements