The West Virginia Labor Law Guide

Minimum wage is the lowest hourly rate an employer is legally required to pay. The federal rate sets a baseline, but states, cities, and regions can adopt their own.

Most West Virginia employees are entitled to $8.75 per hour.

The West Virginia minimum wage applies to any employer with six or more non-exempt employees working at any one separate and permanent work location. Where the state minimum does not apply, employers use the federal minimum wage, currently $7.25 per hour.

The tipped minimum wage is the lowest hourly rate an employer can pay workers who earn a significant share of their income from tips.

For most tipped employees the rate is $2.62 per hour.

If an employee's hourly rate with tips does not equal West Virginia's minimum wage of $8.75 per hour, the employer must raise their wage for that week to meet the minimum.

Under West Virginia law, non-exempt employees must be paid one and one-half times (1.5x) their regular rate for all hours worked over 40 in a single, continuous seven-day workweek.

The state does not enforce a daily overtime requirement. Working a 12-hour shift does not trigger overtime unless total weekly hours exceed 40.

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

Healthcare industry exceptions (nurse overtime)

To protect 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.

If a nurse works a shift of 12 or more consecutive hours, the employer must provide at least eight consecutive hours of off-duty rest immediately following the shift.

Meal breaks for adult employees

Employers must give at least a 20-minute meal break to any adult employee who works a shift of six hours or longer. This applies to both public and private employers, and the break can be scheduled at any point during the workday at the employer's discretion. A 20-minute meal break counts as paid working time; only a meal period of 30 minutes or more, with the employee fully relieved of duty, may be unpaid (W. Va. Code State Rules 42CSR8-11.3).

The break is not required if the employee is permitted to eat while working. There is no statutory obligation to offer additional breaks for shifts longer than six hours, and no legal requirement to offer multiple breaks.

The statute does not expressly say whether the break may be split. Many employers do divide the 20-minute requirement into shorter paid rest periods (for example, two 10-minute breaks), as long as the total meets or exceeds 20 minutes. This 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. Under federal law, any break 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.

Vacation leave

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

Paid sick leave

There is no mandatory paid sick leave law for private employers. If an employer decides to offer paid leave, it is responsible for creating a written policy.

Holidays

West Virginia law does not require private employers to provide paid or unpaid holiday leave.

Minimum age to work

Minors must be at least 14 years old to work 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 (for example, a 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

West Virginia state law defines the summer period as Memorial Day through Labor Day. Federal law (FLSA) defines it strictly as June 1 through Labor Day. Employers covered by the FLSA should use the June 1 start date for the later evening hours (9:00 PM) to stay fully compliant.

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 from selling, dispensing, or serving alcoholic beverages in any capacity.