West Virginia Minimum Wage 2026: $8.75 for Employers With Six or More at a Site
West Virginia’s minimum wage is $8.75 an hour, in effect since January 1, 2016. It applies to employers with six or more non-exempt employees at one location; smaller sites may fall under the federal $7.25. Tipped employees can be paid $2.62 an hour in cash if tips bring them to $8.75. The rate is written into the Code with no inflation index, and no increase is scheduled.
West Virginia at a glance
| Current rate | $8.75 / hour |
|---|---|
| Effective | January 1, 2016 |
| Who it covers | Employers with 6 or more non-exempt employees at one separate, distinct and permanent location; smaller sites fall under the federal $7.25 if the FLSA applies |
| Tipped cash wage | $2.62 / hour (70% tip credit), with tips bringing the total to $8.75 |
| Next scheduled change | None. The rate rises only if the federal minimum reaches or passes $8.75, or the Legislature amends § 21-5C-2 |
| Training wage | $6.40 in the statute for workers under 20, first 90 days; the Division of Labor defers training wages to U.S. DOL |
| Local rates | None |
How West Virginia sets its minimum wage
West Virginia writes its rate into the Code. W. Va. Code § 21-5C-2(a) stepped the minimum up to $8.00 after December 31, 2014 and to $8.75 after December 31, 2015. The Legislature has not amended the section since 2014, and there is no inflation index, so $8.75 stays until lawmakers change it. The statute also says that if the federal minimum ever equals or passes the state rate, employers pay the federal rate instead and the state rate tracks later federal changes.
The rate applies to employers with six or more employees at "any one separate, distinct, and permanent location" (§ 21-5C-1(e)). The Division of Labor's minimum wage FAQ explains that the six-employee test is applied site by site, so one employer can owe $8.75 at a large site and the federal $7.25 at a small one. Out-of-state employers with six non-exempt employees at a West Virginia location pay the state rate.
West Virginia tipped minimum wage
Section 21-5C-4 gives employers a credit of 70 percent of the minimum wage for employees who customarily receive gratuities. The Division of Labor says that means a cash wage of $2.62 an hour, as long as cash wage plus reported tips reach $8.75. To take the credit, you need written tip records completed by the employee; without them you owe the full $8.75. Only employees eligible to receive tips can share in a tip pool, and the employer can never take a share. At sites below the six-employee threshold, the federal $2.13 cash wage may apply instead.
Exceptions and special rates
- Training wage: the statute allows $6.40 an hour for new hires under 20 for up to 90 days (§ 21-5C-2(b)). The Division of Labor says West Virginia's minimum wage standards defer jurisdiction over training wages to the U.S. Department of Labor, so check with the Division before using a sub-minimum rate.
- Workers outside the state definition of employee include outside salespeople, bona fide executive, administrative and professional employees, agricultural workers, part-time students and people 62 or older receiving Social Security old-age or survivors benefits (§ 21-5C-1(f)). Federal law may still cover them.
- Meal credit: the Division allows a $4.00 daily meal credit for a full eight-hour day when a meal is actually eaten, or $0.50 an hour for shorter shifts.
What this means for hiring
In most of West Virginia the legal floor is $8.75, and any employer with six or more people at a site should price every hourly role from there, not from $7.25. Many employers hiring for healthcare, trades, warehouse and hospitality roles already pay above it; put your real starting rate in the first line of the ad. To see what a hire costs at that rate with taxes and benefits, use the employee cost calculator. For meal breaks, paydays and final pay, see West Virginia labor laws, and compare other states on our minimum wage by state hub.
Frequently asked questions
What is the minimum wage in West Virginia in 2026?
$8.75 an hour, in effect since January 1, 2016 under W. Va. Code § 21-5C-2. It applies to employers with six or more non-exempt employees at one separate, distinct and permanent location. Where a site has fewer than six, the federal $7.25 may apply instead if the employer is covered by the Fair Labor Standards Act.
Is West Virginia raising its minimum wage?
No increase is scheduled. The $8.75 rate is written into § 21-5C-2 and is not indexed to inflation, and the section has not been amended since 2014. The rate would change only if the Legislature amends the statute or the federal minimum wage rises to $8.75 or higher, in which case the federal rate would apply.
What is the tipped minimum wage in West Virginia?
$2.62 an hour in cash wages, according to the West Virginia Division of Labor, because the Code allows a tip credit of 70 percent of the $8.75 minimum wage. Cash wage plus reported tips must reach $8.75, and the employer needs written tip records completed by the employee to take the credit. At sites below the six-employee threshold the federal $2.13 cash wage may apply.
Does the West Virginia minimum wage apply to small employers?
Only where the employer has six or more non-exempt employees at the same location. The Division of Labor applies the test site by site, so one employer can pay the state rate at one location and the federal $7.25 at another. Out-of-state employers with six non-exempt employees at a West Virginia site must pay the state rate there.
Is there a training wage in West Virginia?
The statute allows a $6.40 training wage for workers under 20 during their first 90 days, but the Division of Labor says the state's minimum wage standards defer jurisdiction over training wages to the U.S. Department of Labor. Federal law allows $4.25 for workers under 20 in their first 90 consecutive days. Confirm with the Division before paying any sub-minimum rate.
Hiring hourly workers in West Virginia?
We can tell you honestly whether your job ads are priced to win applicants at the rate you pay, before you spend anything.
Book a DemoPart of Boostpoint’s minimum wage by state series.