What is wv minimum wage

Overview

West Virginia's minimum wage is $8.75 per hour, effective from 2023. This wage applies to the vast majority of employees working within the state and provides greater worker protection than the federal minimum wage of $7.25 per hour. When a state's minimum wage exceeds the federal rate, employees are protected by the higher wage, ensuring stronger wage standards for workers.

Comparison to Federal Minimum Wage

The federal minimum wage, established under the Fair Labor Standards Act (FLSA), has been $7.25 per hour since 2009 and has not increased since. West Virginia's minimum wage of $8.75 per hour provides approximately 20% more hourly compensation than the federal minimum. This wage differential reflects West Virginia's commitment to higher worker protections. When federal and state minimum wages apply to the same employee, the employer must pay whichever is higher.

Coverage and Application

West Virginia's minimum wage applies to all employees working within the state, including full-time and part-time workers. Coverage spans all industries and business sizes, from small local businesses to large corporations. The minimum wage covers employees in retail, food service, manufacturing, healthcare, education, hospitality, and all other sectors. Few exceptions exist, and they are narrowly defined under state law, such as certain family business situations.

Tipped Employees and Special Provisions

West Virginia has a notably strong minimum wage protection for tipped employees. Unlike many states that allow a subminimum wage for tipped workers, West Virginia requires employers to pay tipped employees the full $8.75 minimum wage before tips. This means restaurant servers, bartenders, housekeeping staff, and other tip-receiving employees must be paid at least the state minimum wage for all hours worked, regardless of tip income.

Enforcement and Compliance

West Virginia's Department of Labor is responsible for enforcing minimum wage laws and investigating wage violations. Employers must maintain records of wages paid and hours worked. Violations of minimum wage laws can result in back pay requirements, penalties, and legal consequences. Employees who believe they are not being paid the required minimum wage can file complaints with the Department of Labor for investigation and potential recovery of unpaid wages.