The West Virginia
Labor Law Guide

Minimum wage is the lowest hourly rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates.

The current rate is: $8.75 per hour for most West Virginia employees.

The West Virginia minimum wage applies to all employers who have six or more non-exempt employees working at any one separate and permanent work location. If the state minimum wage doesn’t apply, employers should use the federal minimum wage, which is $7.25 per hour as of the date of this article.

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Tipped minimum wage is the lowest hourly rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

The current rate is: $2.62 per hour for most employees.

If any employee doesn’t receive an hourly rate with tips that equals West Virginia’s minimum wage of $8.75 per hour, the employer must increase their hourly wage for that week to meet the minimum requirement.

Under West Virginia law, non-exempt employees must be paid one and one-half times (1.5x) their regular rate of pay for all hours worked over 40 in a single, continuous seven-day workweek. West Virginia does not enforce a daily overtime requirement; working a 12-hour shift does not trigger overtime unless the employee’s total weekly hours exceed 40.

Note: West Virginia’s state-level overtime protections explicitly apply to employers with six or more non-exempt employees working at a single, permanent location. However, businesses covered by the federal Fair Labor Standards Act (FLSA) must adhere to the federal 40-hour rule regardless of local headcount.

Healthcare industry exceptions (nurse overtime) 

To ensure patient and worker safety, West Virginia strictly limits the hours of healthcare workers. Nurses may not be permitted or required to work more than 16 hours in any 24-hour period. Additionally, if a nurse works a shift of 12 or more consecutive hours, the employer is legally mandated to provide at least eight consecutive hours of off-duty rest immediately following the shift.

Meal breaks for adult employees

Under West Virginia law, employers must provide at least a 20-minute meal break to all adult employees who work a shift of six hours or longer. This applies to both public and private employers. The break may be scheduled at any point during the workday at the employer’s discretion.

Employers are not required to provide the break if the employee is permitted to eat while working. There is no statutory obligation to offer additional breaks for shifts longer than six hours, nor is there a legal requirement to offer multiple breaks.

While the statute does not expressly state whether the break may be split, many employers do divide the 20-minute requirement into shorter paid rest periods (e.g., two 10-minute breaks), provided the total time meets or exceeds 20 minutes. This practice aligns with federal standards but may carry some legal risk if challenged under state law.

Rest breaks and compensation

West Virginia law does not mandate any additional rest breaks beyond the required meal period. However, under federal law, any break period of 20 minutes or less must be paid as compensable time.

Meal periods for minors (under 16)

Employees under age 16 who work more than five consecutive hours must be given a 30-minute uninterrupted meal period. The break must begin before the end of the fifth consecutive hour of work. This is a state-mandated requirement under West Virginia’s child labor laws.

Compensability summary

• Meal breaks 30 minutes or longer may be unpaid if the employee is fully relieved of duty.

• Breaks of 20 minutes or less must be paid, per federal wage and hour regulations.

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Vacation leave 

West Virginia does not require employers to provide paid time off to their employees. The employer can choose to offer vacation leave at its discretion.

Paid sick leave 

West Virginia does not have a mandatory paid sick leave law for private employers. If the employer decides to offer paid leave, it is responsible for creating a written policy.

Holidays 

West Virginia law doesn’t require private employers to provide paid or unpaid holiday leave.

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Minimum age to work

Minors must be at least 14 years old to be employed in most non-agricultural jobs in West Virginia.

Work authorization for minors (age certificate required)

For minors aged 14 and 15, employers must obtain an age certificate from the West Virginia Division of Labor before employment begins. This certificate generally requires:

• A job offer

• Proof of age (e.g., birth certificate)

• Signed parental consent

Minors aged 16 and 17 are not required to have an age certificate under state law (unless working in specific roles such as junior firefighting), but employers may request one to verify age.

Hour restrictions for 14- and 15-year-olds: 

These minors may not work:

• During school hours

• Before 7:00 AM or after 7:00 PM on school days

• Before 7:00 AM or after 9:00 PM during the summer period*

• More than 3 hours per school day or 18 hours per school week

• More than 8 hours per non-school day or 40 hours per non-school week

Note: West Virginia state law defines the summer period as Memorial Day through Labor Day. However, federal law (FLSA) defines it strictly as June 1 through Labor Day. Employers covered by the FLSA should adhere to the June 1 start date for the later evening hours (9:00 PM) to ensure full compliance.

16- and 17-year-olds: There are no state-imposed hour or scheduling restrictions for minors aged 16 and 17. They may work the same hours as adults.

Prohibited occupations: All minors under age 18 are prohibited from working in bars or selling, dispensing, or serving alcoholic beverages in any capacity.

Hiring
The West Virginia Human Rights Act prohibits employers from refusing to hire an employee based on discrimination. The protected characteristics under this law are:

• Color

• Race

• Religion

• National origin

• Ancestry 

• Sex

• Age (being 40 years old or older)

• Disability 

• Blindness 

Employers in West Virginia must report new and re-hired employees to the New Hire Reporting Center program within 14 days after they are hired or return to work. This is the employee information that employers must provide when reporting new hires: 

• Full name

• Address

• Social Security number

• Date of hire

• Date of birth (optional)

Firing
West Virginia is an “at-will” state, which means employers have the right to terminate employees for any reason or without providing a reason so long as the reason is not unlawful. For example, it would be unlawful to fire employees because of a legally protected characteristic (e.g. race, religion, gender) or in retaliation for engaging in a legally protected activity (e.g. making a good faith complaint of sexual harassment). 

Final Paycheck
The West Virginia final paycheck law requires employers to pay workers their final wages on or before the next regular paydate, regardless of whether they resigned or were terminated.