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Minimum Wage in West Virginia: $8.75, the 6-Employee Rule and the Tipped Rate

The minimum wage in West Virginia is $8.75 an hour as of October 2026, set by West Virginia Code section 21-5C-2. The state law applies to employers of 6 or more employees at one location, and tipped staff must get at least $2.62 an hour in cash, with tips covering the rest.

West Virginia's rate has stood at $8.75 since the end of 2015. This page draws on the state code section itself and the U.S. Department of Labor's state, tipped, history, payday and meal break tables, plus its Fair Labor Standards Act reference guide, all read in October 2026.

West Virginia's pay floors

RuleWest Virginia (as of October 2026)
Minimum wage$8.75 an hour
Tipped cash wage$2.62 an hour
Maximum tip credit70% of the minimum ($6.13)
Training wage, new hires under 20$6.40 an hour for up to 90 days
CoverageEmployers of 6 or more employees at one location

The 6-employee, one-location rule

The Department of Labor's state and tipped tables both say West Virginia's minimum wage law applies only to employers with 6 or more employees at one location, and to state agencies. A business with fewer staff at a site falls outside the state law, though it may still owe the federal $7.25 if federal law reaches it.

The federal reference guide explains when that happens. An enterprise is covered if it has annual sales or business of not less than $500,000, or runs a hospital, care home or school. Individual staff can be covered through their own interstate work, even in a small firm. My federal minimum wage guide covers that test in full.

How the code set the rate

Effective afterWest Virginia rate
June 30, 2006$5.85
June 30, 2007$6.55
June 30, 2008$7.25
December 31, 2014$8.00
December 31, 2015$8.75

The code also has a safety valve. If the federal minimum rises to equal or pass the state rate, every employer must pay at least the federal figure. So a future federal increase above $8.75 would lift West Virginia automatically.

The training wage for new hires

Here's the detail many guides skip. Section 21-5C-2 lets an employer pay a subminimum training wage of at least $6.40 an hour to an employee first hired after December 31, 2014. The code limits it: it can't be paid to anyone who has reached age 20, and only for a cumulative period of not more than ninety days per employee. A brand new business that has been open less than ninety days can extend that by up to another ninety days.

Tipped staff

West Virginia lets employers count tips for up to 70% of the minimum wage, which the federal tipped table shows as a $6.13 tip credit and a cash wage of $2.62. If cash wage plus tips doesn't reach $8.75 an hour, the employer pays the gap. The federal guide adds that a tipped employee is one who regularly receives more than $30 a month in tips, and the employer must tell staff about the tip credit in advance. My guide to tip pooling covers shared pots.

Overtime, breaks and paydays

Overtime is time and a half after 40 hours in a week. On breaks, the federal meal break table says West Virginia employees who work 6 hours or more in a day get 20 minutes, where they aren't given the necessary breaks or allowed to eat lunch while working. The federal payday table lists West Virginia under biweekly paydays.

  1. Count employees at each location to see if the state law applies.
  2. Pay $8.75, or the federal $7.25 if only federal law covers you.
  3. Limit any training wage to new hires under 20 and to ninety days.
  4. Give a 20-minute meal break on shifts of 6 hours or more where staff can't eat while working.
  5. Run payroll at least every two weeks.

West Virginia and its neighbours

StateBasic minimum wage (as of October 2026)
West Virginia$8.75
Ohio$11.00 (larger employers)
Pennsylvania$7.25
Maryland$15.00
Virginia$12.77
Kentucky$7.25

West Virginia sits in the middle of its neighbours. A business with staff in the Eastern Panhandle and across the line in Maryland or Virginia runs a much higher floor there, and my Virginia minimum wage guide covers that side.

Mistakes West Virginia employers make

  • Counting staff across all sites instead of at each location for the 6-employee test.
  • Paying the $6.40 training wage to a worker aged 20 or over.
  • Keeping a new hire on the training wage beyond ninety days.
  • Taking more than 70% of the minimum as a tip credit.
  • Assuming a small site owes nothing, when federal law may still require $7.25.

Teen workers bring their own federal limits. The reference guide says 14 and 15 year olds can work no more than 3 hours on a school day and 18 hours in a school week, and minors 16 and 17 can do any nonhazardous job for unlimited hours.

My verdict

West Virginia's $8.75 hasn't changed since 2015 and only a federal rise would move it. The parts that need care are the 6-employee, one-location coverage test, the training wage limits and the 70% tip credit. If you're near the coverage line, pay $8.75 anyway: it removes the question.

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Frequently asked questions

What is the minimum wage in West Virginia?

It's $8.75 an hour as of October 2026, under West Virginia Code section 21-5C-2.

Who does West Virginia's minimum wage cover?

Employers with 6 or more employees at one location, and state agencies.

What is the tipped minimum wage in West Virginia?

Tipped staff must get at least $2.62 an hour in cash, with tips bringing the total to $8.75.

Is there a training wage in West Virginia?

Yes. At least $6.40 an hour for new hires under 20, for up to ninety days.

When did West Virginia's minimum wage last change?

It rose to $8.75 after December 31, 2015, and hasn't changed since.

Does West Virginia require meal breaks?

Yes. Employees who work 6 hours or more get 20 minutes where they aren't given breaks or allowed to eat while working.

How often must West Virginia employers pay?

The federal payday table lists West Virginia under biweekly paydays.

Would a federal increase change West Virginia's rate?

Yes. If the federal minimum reaches or passes the state rate, employers must pay at least the federal figure.

Can a West Virginia employer pay the training wage to a 21 year old?

No. The code bars the training wage for anyone who has reached age 20.

Published and maintained by the Lilach Bullock team, covering marketing, AI and business growth.
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