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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 lists its minimum wage as $8.75 an hour, but state minimum-wage coverage has a six-employee worksite threshold; federal protections may apply even when that threshold is not met. This guide covers minimum wage, overtime, paydays and final wages, meal breaks and child labor. For other employment issues, check the agency responsible for that subject.
How West Virginia and federal labor laws work together
West Virginia’s Division of Labor Wage and Hour Section administers several state wage-and-hour and child-labor matters. The U.S. Department of Labor’s Wage and Hour Division enforces federal Fair Labor Standards Act (FLSA) requirements. A state rule does not necessarily replace a federal one: an employer and worker can be subject to both, and some state provisions are preempted by federal law.
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To work out which rule applies, consider the employer’s federal coverage, the number and status of employees at the worksite, the employee’s duties and exemption status, and the kind of work performed. For minimum wage, the worksite’s headcount matters to state coverage. For overtime, federal coverage and the employee’s hours and exemption status are central. Child-labor restrictions can also differ, and employers may have to comply with the more protective applicable rule.
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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 at least six nonexempt employees work at the same separate, distinct and permanent location. The worksite condition is important: the state rate should not be assumed to apply to every worker solely because the job is in West Virginia.
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The federal FLSA minimum wage is $7.25 per hour, according to the U.S. Department of Labor; that federal rate took effect July 24, 2009. When both state and federal minimum-wage laws cover a worker, the higher applicable minimum is due. If a worksite does not meet West Virginia’s six-employee threshold, federal law may still cover the employer and worker. Coverage and any applicable exemptions should be checked rather than deciding based only on the two headline rates.
| Rule | Rate and coverage |
|---|---|
| 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 coverage requires at least six nonexempt employees at the same separate, distinct and permanent work 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 workers and employers covered by the FLSA. |
The Division of Labor also publishes guidance on minimum-wage exemptions and tipped employees. Because a worker’s category and the applicable coverage rules can affect the calculation, consult the agency’s current guidance for those cases instead of treating the general rate as a complete answer.
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Overtime: when extra hours must be paid
Under the general federal FLSA rule, covered nonexempt employees must receive at least one and one-half times their regular rate for hours worked over 40 in a workweek. The U.S. Department of Labor states this standard on its FLSA page. It is based on hours in a workweek, not simply on the number of hours worked in a day.
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West Virginia’s own overtime provision has additional coverage conditions. The state Division of Labor’s FAQ describes state overtime as applying only when the employer is not covered by federal overtime law, fewer than 80% of its workforce perform duties covered by federal interstate-commerce rules, and at least six nonexempt employees work at a permanent location. These conditions are fact-specific. An employee should not assume the state overtime rule is the only rule that could apply, or that crossing 40 hours automatically resolves whether a particular job is covered or exempt.
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- Track all hours worked in each workweek and keep pay records.
- Check whether the employer and job are covered by federal overtime law and whether the worker is properly classified as nonexempt.
- If relying on West Virginia’s state overtime rule, confirm each of its coverage conditions with the Division of Labor.
Paydays and final wages
West Virginia’s Wage Payment and Collection Act is the state framework for wage payment. The Division of Labor provides guidance on regular paydays, acceptable payment methods, final wages, deductions and related matters. The deadline for final wages can depend on the circumstances of separation, so do not assume that one deadline applies identically to a discharge, resignation, layoff and every other departure.
For a specific unpaid-wage or final-pay question, use the Division of Labor’s current wage-payment materials and check the rule that matches the separation circumstances. Its guidance also addresses deductions and payment methods, which can matter when reviewing a final check. If the state guidance does not resolve whether federal law also applies, contact the U.S. Department of Labor Wage and Hour Division.
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Meal breaks and whether break time is paid
West Virginia’s meal-break provision, quoted in a Division of Personnel interpretive bulletin revised November 20, 2024, says that during a workday of six or more hours, an employer must make at least 20 minutes available for a meal break at times reasonably designated by the employer when employees are not otherwise afforded necessary breaks or permitted to eat while working. This is a conditional state requirement, not a blanket promise of a 20-minute break on every shift.
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Child labor rules for young workers
Employers may have to follow both West Virginia child-labor law and the FLSA. The state Division of Labor describes age certificates, permitted hours for 14- and 15-year-olds, and hazardous occupations for minors. Federal restrictions may be more protective in a particular situation; following a less restrictive state rule alone can violate federal law.
The Division of Labor’s general reference guide dated July 11, 2025, provides additional state detail, but permitted schedules and prohibited work depend on age and job. Before a minor starts work or takes on different duties, check the current state and federal guidance for that age and occupation, including any age-certificate requirement and restrictions on hours or hazardous tasks.
Where to check other workplace rules
This guide addresses wage-and-hour and child-labor topics, not every employment obligation in West Virginia. The state Division of Labor provides statutes, rules, fact sheets and required workplace posters on subjects including minimum-wage exemptions, tips, overtime, meal breaks and final pay. The U.S. Department of Labor Wage and Hour Division is the federal source for FLSA questions. For workplace safety, leave, discrimination or another issue outside this guide, use the agency or current law that governs that subject rather than inferring a rule from wage guidance.
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