Blog · Payroll Management
West Virginia Minimum Wage 2026: Rates & Rules
West Virginia's 2026 minimum wage is $8.75 per hour, above the federal rate of $7.25, per the U.S. Department of Labor.
West Virginia's state rate does not apply uniformly to every employer. Businesses need to confirm whether they meet the employer-size threshold before assuming the state minimum wage, rather than the federal rate, applies to their workforce.
West Virginia Minimum Wage Rate Table
| Jurisdiction | 2026 Minimum Wage |
|---|---|
| West Virginia | $8.75 |
| Federal minimum wage | $7.25 |
Overtime Rules in West Virginia
West Virginia requires overtime pay for hours worked over 40 in a workweek, at 1.5x the employee's regular rate. There is no daily overtime trigger under West Virginia law.
Small-Employer Threshold
West Virginia's state minimum wage law applies to employers with 6 or more employees at one location. Employers below this threshold should confirm with the West Virginia Division of Labor whether the federal $7.25 rate or the state $8.75 rate governs their payroll, since misapplying the threshold creates wage-claim exposure.
Paid Sick Leave and Family Leave
West Virginia does not require employers to provide paid sick leave, and there is no state paid family and medical leave (PFML) program. Employers that want to offer these benefits do so voluntarily.
Tipped Wages and Local Ordinances
West Virginia permits a tip credit toward the minimum wage for tipped employees under state and federal rules. Rules and any local variations can change, so always confirm current tipped-wage requirements with the state labor office contacts before setting pay rates.
What This Means for Payroll Compliance
The employer-size threshold makes West Virginia payroll compliance trickier than a flat statewide rate would suggest. Employers need to correctly classify their headcount at each location and apply the right wage floor, on top of the usual multi-state complexity of tracking rates and rules across every state where they have workers.
This is exactly the kind of complexity BEG's managed payroll service is built to absorb. We apply the correct rate and threshold rules in every state where you have employees automatically, so nothing slips through.
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Frequently Asked Questions
What is the minimum wage in West Virginia in 2026?
West Virginia's minimum wage in 2026 is $8.75 per hour, above the federal minimum of $7.25, per the U.S. Department of Labor.
Does the West Virginia minimum wage apply to every employer?
West Virginia's state minimum wage law generally applies to employers with 6 or more employees at one location. Smaller employers may default to the federal $7.25 rate; confirm your specific situation with the West Virginia Division of Labor.
Does West Virginia have its own overtime law?
Yes. West Virginia requires overtime pay for hours worked over 40 in a workweek, at 1.5x the employee's regular rate.
Does West Virginia require paid sick leave?
No. West Virginia does not mandate paid sick leave or a state paid family and medical leave program. Employers may offer these benefits voluntarily.
What should multi-state employers with West Virginia workers watch for?
Because West Virginia's minimum wage law depends on employer size, multi-state employers should confirm whether the 6-employee threshold applies to their location before assuming the state rate covers all workers.
Related Resources
Anthony leads payroll solutions at Business Executive Group, a national managed payroll firm serving businesses across industries. BEG manages payroll at $25-$45 PEPM, all-inclusive, with deep expertise in compliance, multi-state filing, and industry-specific payroll requirements. Get instant pricing at beghr.com.
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