West Virginia

$8.75 / hour

West Virginia’s full minimum wage is $8.75 per hour.

Checked

2026-08-13

1.5%

West Virginia maximum-hour standards require overtime at one and one-half times the regular rate for hours actually worked over forty in a seven-consecutive-day workweek, subject to coverage conditions.

Checked

2026-08-13

In West Virginia, the governing rule for employee classification is federal: A determination of whether a worker is an employee or independent contractor under the Act focuses on the economic realities of the worker’s relationship with the worker’s potential employer and whether the worker is either economically dependent on the potential employer for work or in business for themself (29 CFR § 795.105(a); six factors at § 795.110(b)).

Effective

2024-03-11

Checked

2026-08-09

West Virginia employers shall settle with employees at least twice every month with no more than 19 days between settlements unless a special agreement applies.

Checked

2026-08-13

When an employee is discharged, quits or resigns, the employer shall pay wages due on or before the next regular payday on which the wages would otherwise be due.

Checked

2026-08-13

Every employer shall furnish each employee with an itemized statement of deductions made from wages for each pay period in which deductions are made.

Checked

2026-08-13

West Virginia employers shall pay wages due less authorized deductions and authorized wage assignments.

Checked

2026-08-13

West Virginia permits wage payment by lawful money, negotiable check, payroll card, or deposit of immediately available funds in an employee bank, credit union, or savings and loan account

Checked

2026-08-13

During a workday of six or more hours, employers shall make available at least 20 minutes for meal breaks when employees are not afforded necessary breaks or permitted to eat while working.

Checked

2026-08-13

No general working time requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general predictive scheduling requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general expense reimbursement requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

West Virginia unemployment remuneration includes commissions and bonuses paid for personal services

Checked

2026-08-13

West Virginia unemployment remuneration includes commissions and bonuses paid for personal services

Checked

2026-08-13

No general severance requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general holiday premium pay requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general prevailing wage requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general paid sick leave requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general paid family medical leave requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general other leaves requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Every employer paying wages or salary subject to West Virginia personal income tax must deduct and withhold the tax and remit it to the Tax Division.

Checked

2026-08-13

West Virginia employees complete Form IT-104 and present it to the employer to adjust state income tax withheld from wages.

Checked

2026-08-13

No general supplemental wages requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Form IT-104 provides a wage-income-tax exemption process for employees who reside in Kentucky, Maryland, Ohio, Pennsylvania, or Virginia.

Checked

2026-08-13

No general local taxation requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Wage base $9,500

West Virginia unemployment wages include commissions and bonuses, and remuneration above $9,500 paid to an employee in a calendar year is generally excluded from the state taxable wage base.

Checked

2026-08-13

No general disability insurance requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

If an employer has even one employee in West Virginia, except in rare circumstances, state law requires workers’ compensation coverage.

Checked

2026-08-13

West Virginia employers must remit withheld income tax on or before the fifteenth day of the succeeding month.

Checked

2026-08-13

West Virginia withholding returns are due by the last day of the month after each quarter, and employers must submit a complete unemployment Quarterly Wage and Contribution Report each quarter.

Checked

2026-08-13

West Virginia employers are required to furnish each employee a Form W-2 or approved substitute on or before January 31 of the following year

Checked

2026-08-13

West Virginia employers shall submit a report within fourteen days of hiring, rehiring, or return to work of an employee or independent contractor

Checked

2026-08-13

0.2%

West Virginia limits covered weekly garnishment to the lesser of twenty percent of disposable earnings or the amount exceeding fifty times the federal minimum hourly wage

Checked

2026-08-13

No West Virginia employer shall discriminate between the sexes in wages or pay an employee less than an opposite-sex employee for comparable work requiring comparable skills

Checked

2026-08-13

No general pay transparency requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general salary history requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

2%

An employer that fails to pay wages required upon separation is liable for the unpaid amount and two times that unpaid amount as liquidated damages.

Checked

2026-08-13

Every employer shall keep posted in a place accessible to employees an abstract of the Wage Payment and Collection article furnished by the commissioner.

Checked

2026-08-13

A West Virginia employer of a child fourteen or fifteen years of age must obtain and keep on file an age certificate accessible to enforcement officers

Checked

2026-08-13

No general e verify requirement for private employers was located in WV's official sources as of 2026-08-13. This records the result of a documented search of the state's official publishers, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

West Virginia businesses employing one or more persons are liable for unemployment compensation tax, and registration determines unemployment-program liability.

Checked

2026-08-13

Every employer shall make records of persons employed, including wage and hour records, and preserve the records for periods prescribed by regulation.

Checked

2026-08-13

2%

Failure to pay final wages when required makes the employer liable for two times the unpaid amount as liquidated damages in addition to the wages due.

Checked

2026-08-13

In a West Virginia minimum-wage action, recoverable unpaid wages are limited to wages that should have been paid within two years before commencement of the action

Checked

2026-08-13