West Virginia Minimum Wage 2026: $8.75 Per Hour Explained

(a) Minimum wage: (1) After June 30, 2006, every employer shall pay to each of his or her employees wages at a rate not less than $5.85 per hour. (2) After June 30, 2007, every employer shall pay to each of his or her employees wages at a rate not less than $6.55 per hour. (3) After June 30, 2008, every employer shall pay to each of his or her employees wages at a rate not less than $7.25 per hour. (4) After December 31, 2014, every employer shall pay to each of his or her employees wages at a rate not less than $8.00 per hour. (5) After December 31, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour. (6) When the federal minimum hourly wage as prescribed by 29 U.S.C. §206 (a) (1) is equal to or greater than the wage rate prescribed in the applicable provision of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. §206 (a) (1). The minimum wage rates required under this subsection shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Prior to January 1, 2015, in determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the regulations which shall be promulgated by the commissioner a credit to the employer of twenty percent of the hourly rate of the amount paid an employee customarily receiving gratuities, and a reasonable credit for board and lodging furnished to an employee: Provided, That after December 31, 2014, in determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the legislative rules proposed for promulgation by the commissioner a credit to the employer of seventy percent of the hourly rate of the amount paid an employee customarily receiving gratuities, and a reasonable credit for board and lodging furnished to an employee.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

As used in this article: (a) "Commissioner" means the Commissioner of Labor or his or her duly authorized representatives. (b) "Wage and hour director" means the wage and hour director appointed by the Commissioner of Labor as Chief of the Wage and Hour Division. (c) "Wage" means compensation due an employee by reason of his or her employment. (d) "Employ" means to hire or permit to work. (e) "Employer" includes the State of West Virginia, its agencies, departments, and all its political subdivisions, any individual, partnership, association, public or private corporation, or any person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee; and who employs during any calendar week six or more employees as herein defined in any one separate, distinct, and permanent location or business establishment: Provided, That prior to January 1, 2015, the term "employer" does not include any individual, partnership, association, corporation, person or group of persons, or similar unit if 80 percent of the persons employed by him or her are subject to any federal act relating to minimum wage, maximum hours, and overtime compensation:…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any employer who pays an employee less than the applicable wage rate to which such employee is entitled under or by virtue of this article shall be liable to such employee for the unpaid wages; an agreement by an employee to work for less than the applicable wage rate is hereby declared by the Legislature of West Virginia to be against public policy and unenforceable. (b) Any person whose wages have not been paid in accord with this article, or the commissioner or his designated representative, upon the request of such person, may bring any legal action necessary to collect a claim under this article. With the consent of the employee, the commissioner shall have the power to settle and adjust any claim to the same extent as might the employee. (c) The court in any action brought under this article may, in the event that any judgment is awarded to the plaintiff or plaintiffs, assess costs of the action, including reasonable attorney fees against the defendant. Such attorney fees in the case of action brought under this section by the commissioner shall be remitted by the commissioner to the treasurer of the state.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he has not been paid wages in accordance with the wage and hour provisions of this article, or because such employee has instituted or is about to institute any civil action, or file any petition or criminal complaint against the employer by reason of the provisions of this article, or because such employee has testified or is about to testify in any administrative proceeding, civil action, or criminal action under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Whistleblower Laws: Protections and How to Report

(a) — The Legislature finds and declares that: (1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes; (2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities; (3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program, but it lacked some needed powers and duties; (4) Municipalities still face challenges delivering services required by federal and state law or demanded by their constituents; (5) Municipalities are sometimes restrained by state statutes, policies, and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient, and timely manner; (6) Establishing the Municipal Home Rule Pilot Program as a permanent program is in the public interest; and (7) Increasing the powers and duties of the Municipal Home Rule Board, subject to the limitations set forth herein, will enhance the Municipal Home Rule Program.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate

Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status

After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)

Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.

Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027

No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1  See References in Text note below.  — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028