Minimum wage - West Virginia

Summary of differences between federal and state regulations

The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

The West Virginia minimum wage is $8.75 per hour effective January 1, 2016.

West Virginia’s training wage increased to not less than $5.15 per hour on July 1, 2006.

Effective June 9, 2022, SB 245 allows employers to pay employee wages using a payroll card without employees’ consent, as long as employers disclose any associated card fees. Previously, employers and employees had to agree to this payment method.

There are some stipulations. Employers paying wages by payroll card must ensure that an employee can make a single withdrawal or transfer per pay period without cost to the employee. Also, employees must also have the option of being paid via direct deposit instead of a payroll card.

State

Contact

West Virginia Division of Labor Wage and Hour Section

Regulations

West Virginia Code; §21-5C-2. Minimum wages.

www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=21&art=5C&section=2

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for minimum wage can be found in CFR 29 Part 531 and FLSA.