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West Virginia workers may be covered by both state and federal labor laws, and the rule that applies depends on the employer, worksite, job duties and type of work. The state minimum wage is $8.75 per hour for covered workers, but federal coverage can apply even when a worksite does not meet the state’s headcount threshold. This guide covers wage-and-hour rules and child labor; it is not a complete guide to every West Virginia employment law.
Which West Virginia labor laws apply?
West Virginia requirements operate alongside federal law, including the Fair Labor Standards Act (FLSA). Coverage is not determined by where a worker lives alone: employer size, the worksite, the employer’s activities and the employee’s duties can all matter. A state rule may apply in one situation while federal law applies in another, or both may apply.
The West Virginia Division of Labor’s Wage and Hour Section administers several state wage-and-hour and child-labor matters. It also notes that some provisions are preempted by federal law and enforced by federal agencies. The sections below focus on minimum wage, overtime, paydays and final wages, meal breaks, and minors. For workplace safety, leave, discrimination, or other subjects, check the agency responsible for that specific issue rather than assuming the rules described here cover it.
What is West Virginia’s minimum wage?
The West Virginia Division of Labor lists the state minimum wage as $8.75 per hour. Its guidance says state minimum-wage coverage applies when an employer has at least six nonexempt employees at the same separate, distinct and permanent work location. The figure is the state rate, not an assurance that every employee in West Virginia is covered by that state provision.
Federal law may cover workers at worksites below that threshold. The U.S. Department of Labor lists the FLSA minimum wage as $7.25 per hour, effective July 24, 2009. If both state and federal minimum-wage laws cover a worker, the higher applicable minimum is due.
| Rule | Rate | Coverage detail |
|---|---|---|
| West Virginia minimum wage | $8.75 per hour, as listed by the West Virginia Division of Labor on its agency page accessed October 7, 2026 | State guidance describes coverage for employers with at least six nonexempt employees at the same separate, distinct and permanent location. |
| Federal FLSA minimum wage | $7.25 per hour, as listed by the U.S. Department of Labor on its FLSA page accessed October 7, 2026; effective July 24, 2009 | Applies to covered workers. When both state and federal minimum-wage laws apply, the higher applicable rate controls. |
Exemptions and coverage details can affect the result. The Division of Labor publishes guidance on minimum-wage exemptions and tips; check the current agency materials if your pay arrangement or job classification is unusual.
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How does overtime work in West Virginia?
For covered, nonexempt employees, the general federal standard is overtime pay of at least one and one-half times the regular rate for hours worked over 40 in a workweek. The U.S. Department of Labor describes this as the FLSA rule. Whether an employee is covered and nonexempt depends on the facts, including the nature of the work and any applicable exemption.
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1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesWest Virginia’s own overtime coverage has additional conditions. The Division of Labor’s FAQ describes the state rule as applying only when specified tests are met, including that the employer is not covered by federal overtime law, fewer than 80% of the employer’s workforce performs duties covered by federal interstate-commerce rules, and at least six nonexempt employees work at a permanent location.
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These state tests do not replace the federal analysis. A worker should not assume that the state rule alone determines overtime eligibility or that the state’s worksite threshold rules are the same for minimum wage and overtime. Compare the applicable law, employer and worksite coverage, employee duties and exemption status, and hours actually worked in the workweek.
When are payday and final wages due?
West Virginia’s Wage Payment and Collection Act is the state framework for wage payment. The Division of Labor publishes guidance on regular paydays, acceptable payment methods, deductions and final wages.
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The applicable final-pay deadline can depend on how the employment ended and on the circumstances. A discharge, resignation, layoff or other separation should not automatically be treated as having the same deadline. Check the Division of Labor’s current final-pay guidance for the situation at hand, and consult the statute or an employment professional if the deadline or a deduction is disputed.
Are meal breaks required in West Virginia?
West Virginia Code §21-3-10a, as quoted in a West Virginia Division of Personnel interpretive bulletin revised November 20, 2024, requires employers to make at least 20 minutes available for a meal break during a workday of six or more hours when employees are not otherwise afforded necessary breaks or permitted to eat while working. The employer may reasonably designate the time.
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This is a conditional meal-break rule, not a blanket guarantee of a paid break. Whether a meal period is compensable depends on what the employee is required to do: time spent working while eating is work time, while a duty-free meal period may be treated differently. Short rest periods are generally compensable under federal standards.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What are West Virginia’s child labor rules?
West Virginia’s Division of Labor provides guidance on age certificates, permitted work hours for 14- and 15-year-olds, and hazardous occupations for minors. Employers may also be subject to federal FLSA child-labor restrictions. When both state and federal rules apply, following a less restrictive state rule alone may not satisfy federal law; the more protective applicable restriction matters.
The Division of Labor’s general reference guide dated July 11, 2025, provides additional information, but age-specific schedules and prohibited work should be checked against current state and federal guidance. Requirements can differ by a minor’s age, the task, school status and the circumstances of the employment.
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Where to check current rules
- West Virginia wage, hour and child-labor questions: consult the West Virginia Division of Labor Wage and Hour Section, including its current fact sheets, statutes, rules and posters.
- Federal minimum wage, overtime and youth employment: consult the U.S. Department of Labor Wage and Hour Division’s FLSA guidance.
- Issues outside this guide: use the relevant state or federal agency’s current materials. The wage-and-hour rules here do not establish every requirement for safety, leave, discrimination or other employment topics.
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