As of 2025, the minimum wage in West Virginia remains $8.75 per hour for most employers (those with 6 or more employees at one location), exceeding the federal minimum wage of $7.25. Understanding compensation basics is key for navigating these rules. This comprehensive guide details the current WV minimum wage laws for 2025, historical changes, specific rules and exemptions, enforcement procedures, and the ongoing economic debate surrounding the rate in the Mountain State.
West Virginia Minimum Wage - Key Facts (2025)
- Standard State Minimum Wage: $8.75 / hour (Applies to employers with 6 or more employees at one location)
- Applicable Federal Rate: $7.25 / hour (Applies to employers with fewer than 6 employees, if covered by FLSA)
- Tipped Minimum Cash Wage: $2.62 / hour (Employer must ensure tips bring total earnings to at least $8.75/hour)
- Youth Training Wage: $4.25 / hour (Under 20 years old, first 90 days)
- Last Increase: January 1, 2016
- Enforcing Agency: WV Division of Labor, Wage & Hour Section
Current Minimum Wage Rates in West Virginia (2025)
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Understanding the applicable minimum wage rate is crucial for both employers and employees in West Virginia. Here's a breakdown for 2025:
State Rate vs. Federal Rate
West Virginia's state minimum wage is $8.75 per hour, according to the WV Division of Labor. This applies to employers with 6 or more employees working at any one separate, distinct, and permanent work establishment in the state.
The current federal minimum wage is $7.25 per hour (unchanged since 2009), as set by the U.S. Department of Labor.
Small Business Threshold
Crucially, West Virginia employers with fewer than 6 employees at a single location are exempt from the state's $8.75 rate. Handling wage laws correctly is vital for small business HR compliance.
These smaller employers must adhere to the federal minimum wage of $7.25 per hour (assuming they are covered by the federal Fair Labor Standards Act - FLSA).
No Local Minimum Wages
Unlike some other states, no cities or counties in West Virginia have established their own minimum wage rates higher than the state level. The $8.75 rate (or $7.25 for very small employers) is uniform statewide.
Tipped Minimum Wage
West Virginia law permits employers to pay a lower cash wage to tipped employees, provided tips make up the difference to reach the full minimum wage. This is detailed further in the Exemptions section below.
Historical Changes to West Virginia's Minimum Wage
West Virginia's minimum wage has evolved significantly since its inception. Increases have historically been enacted via state legislation, not voter initiatives.
Early History (1960s-1980s)
West Virginia first established a state minimum wage in the late 1960s, starting at $1.00 per hour in 1969.
Throughout the 1970s and 1980s, the rate increased incrementally (e.g., $2.75 by 1981, $3.35 by 1986), generally tracking federal minimum wage increases.
Aligning with Federal Changes (1990s)
During the 1990s, the state rate mirrored federal adjustments, reaching $4.25 in 1992 and $5.15 by 1998.
Moving Ahead of Federal Rate (2006-2008)
Legislation in the mid-2000s pushed West Virginia's minimum wage above the federal rate temporarily. It rose to $5.85 in 2006, $6.55 in 2007, and $7.25 by 2008.
This meant WV workers reached the $7.25 mark a year before the federal minimum wage increased to that level in 2009.
The 2014 Legislation: Reaching $8.75
The most significant recent change resulted from House Bill 4283 (2014), signed by Governor Earl Ray Tomblin, which can be reviewed on the WV Legislature's website.
This law implemented a two-step increase: to $8.00 on January 1, 2015, and then to the current $8.75 on January 1, 2016.
This was described as an "historic step," setting West Virginia's rate substantially above the federal floor again.
Stagnation Post-2016
Since reaching $8.75 in 2016, West Virginia's minimum wage has remained unchanged through early 2025.
This nearly decade-long stagnation means the wage's purchasing power has eroded due to inflation, sparking ongoing debates about its adequacy and calls for further increases.
WV Minimum Wage Exemptions and Special Rules
Not all employees in West Virginia are entitled to the $8.75 minimum wage. State law outlines several specific exemptions and special rules found within West Virginia Code Chapter 21, Article 5C, the state's Minimum Wage and Maximum Hours Standards.
Small Business Exemption (<6 Employees)
As noted earlier, businesses employing fewer than 6 employees at one permanent location are exempt from the state's $8.75 minimum wage law. They typically fall under the federal $7.25 minimum wage.
Tipped Employees (Tip Credit)
West Virginia allows employers to take a tip credit for employees who customarily receive tips (like servers, bartenders).
The maximum tip credit is 70% of the minimum wage ($8.75 * 70% = $6.13). This means employers must pay a direct cash wage of at least $2.62 per hour (which is 30% of $8.75).
Calculation: The employer pays $2.62 (cashwage) + the employee must receive at least $6.13 in tips = $8.75 (total minimum wage).
If an employee's tips combined with the cash wage do not reach $8.75 per hour in any given workweek, the employer must make up the difference. State law also has rules regarding tip pooling.
Youth "Training Wage"
West Virginia permits a lower training wage for young workers, deferring to the federal standard.
Employees under the age of 20 can be paid $4.25 per hour (the federal youth minimum) for their first 90 consecutive calendar days of employment.
After 90 days or upon turning 20, the employee must receive the full applicable minimum wage ($8.75 or $7.25).
Student Worker Exemption
Individuals employed on a part-time basis who are students in a recognized school or college are generally excluded from the state minimum wage law's definition of "employee". This often applies to internships or work-study positions.
Occupation-Based Exemptions (Sales, White-Collar, etc.)
Certain job roles are exempt, including:
- Outside salespersons
- Executive, administrative, and professional employees (standard "white-collar" exemptions)
- Individuals in specific casual roles often held by minors: newspaper delivery ("newsboys"), golf caddies, shoe shiners, bowling alley pin-setters.
Agricultural and Seasonal Camp Workers
Agricultural workers (as defined by the FLSA) are excluded from state minimum wage coverage.
Employees working at seasonal boys' or girls' summer camps are also exempt.
Senior Citizen Exemption
Unusually, West Virginia law exempts individuals age 62 or over who receive Social Security old-age or survivor benefits. They can legally be paid less than the standard minimum wage under state law.
Other Specific Exemptions
The statute includes narrower exemptions for roles like theater ushers, certain motorbus employees, and some legislative staff.
Some roles (like certain seasonal amusement park workers or whitewater rafting guides) might be exempt from overtime rules but still entitled to the base minimum wage.
Workers who do not fall into one of these exempt categories are considered "non-exempt" and must be paid at least the applicable minimum wage ($8.75 or $7.25).
Enforcement and Compliance: WV Minimum Wage Laws
Ensuring workers receive the wages they are legally owed is critical. Here’s how West Virginia’s minimum wage law is enforced:
Who Enforces the Law? (WV Division of Labor)
The West Virginia Division of Labor's Wage & Hour Section is the primary state agency responsible for administering and enforcing state wage laws, including the minimum wage.
How to File a Wage Complaint
Workers who believe they are being paid less than the legal minimum wage (or are owed other wages) can file a complaint (often called a "Request for Assistance") with the WV Division of Labor's Wage & Hour Section. Information and resources may also be available through organizations like Legal Aid of West Virginia.
This service is free for the employee. Complaint forms are available from the agency.
Investigation Process
- Upon receiving a complaint, the Wage & Hour Section investigates by examining employer payroll records, interviewing parties, and determining if a violation occurred.
- If underpayment is found, the Division works to recover the unpaid wages for the employee, potentially through administrative hearings.
Worker Remedies: Recovering Unpaid Wages
Employers who violate the minimum wage law are liable for the full amount of unpaid wages (See WV Code §21-5C-8). Any agreement to work for less than the minimum wage is legally void.
Employees (or the Labor Commissioner on their behalf) can sue in civil court to recover back wages, typically for up to 2 years (or 3 years for willful violations).
Courts may award liquidated damages (an amount equal to the unpaid wages, effectively doubling the recovery) plus court costs and reasonable attorney's fees to successful employees.
Anti-Retaliation Protections
It is illegal for an employer to fire, demote, or otherwise discriminate against an employee for filing a wage complaint, participating in an investigation, or asserting their wage rights.Retaliation is a misdemeanor offense punishable by fines. This protection encourages workers to report violations without fear.
Penalties for Employer Violations
- Willful violations of the minimum wage law can result in misdemeanor charges and fines (up to $100 per violation).
- Willful pay discrimination based on protected characteristics carries higher potential penalties.
- The primary deterrent remains the obligation to pay back wages and potential liquidated damages.
State Agency Enforcement Powers
The Labor Commissioner has the authority to initiate lawsuits on behalf of employees to collect unpaid wages and can consolidate claims from multiple workers. This empowers the state to act as an advocate for workers.
Key takeaway: Understanding employee wage rights is crucial. Workers have state-supported mechanisms to ensure they are paid correctly. Keeping records of hours and pay is advised. Contact the WV Division of Labor, Wage & Hour Section with concerns.
Economic and Political Context: The Debate Over WV's Minimum Wage
The $8.75 minimum wage in West Virginia is a frequent topic of economic and political discussion, particularly given the state's economic profile and the wage's stagnation since 2016.
Regional Comparisons: WV Minimum Wage vs. Neighboring States (2025)
Comparing West Virginia's minimum wage to its neighbors provides valuable context:
| State | Minimum Wage (per hour, 2025) | Link to State Authority |
| West Virginia | $8.75 | |
| Ohio | $10.70 (indexed) | |
| Pennsylvania | $7.25 | |
| Virginia | $12.00 | |
| Kentucky | $7.25 | |
| Maryland | $15.00 |
Frequently Asked Questions (FAQ) about WV Minimum Wage
Here are answers to some common questions about the minimum wage in West Virginia:
Q1: What is the current minimum wage in West Virginia for 2025?
A: The standard minimum wage is $8.75 per hour for employers with 6 or more employees at one location. Employers with fewer than 6 employees must generally pay the federal minimum wage of $ 7.25 per hour.
Q2: Is the minimum wage going up in West Virginia in 2025?
A: As of early 2025, there are no scheduled increases to the West Virginia minimum wage. It has remained $8.75 since January 1, 2016.
Q3: What is the minimum wage for servers or tipped employees in WV?
A: Employers can pay tipped employees a cash wage of $2.62 per hour. However, the employee's tips plus this cash wage must equal at least the full minimum wage of $8.75 per hour. If it doesn't, the employer must make up the difference.
Q4: Do small businesses in WV have to pay the $8.75 minimum wage?
A: No, businesses employing fewer than 6 employees at a single, permanent location are exempt from the state's $8.75 rate and typically follow the federal $7.25 minimum wage.
Q5: Are students paid less than minimum wage in West Virginia?
A: Part-time student employees in recognized schools or colleges are generally exempt from the state minimum wage law. Additionally, workers under 20 can be paid a $4.25/hour training wage for the first 90 days.
Q6: How can I report an employer for not paying minimum wage in WV?
A: You can file a wage complaint with the West Virginia Division of Labor, Wage & Hour Section. Their services are free for employees.
Conclusion
West Virginia's $8.75 minimum wage places it in the middle compared to its direct neighbors—ahead of Pennsylvania and Kentucky but lagging behind Ohio, Virginia, and Maryland. The lack of increases since 2016, combined with rising inflation and higher wages in bordering states, keeps the pressure on policymakers and fuels ongoing debate about economic fairness and business competitiveness in the Mountain State. Staying informed about current regulations and worker rights remains essential for both employers and employees.
