West Virginia Employment Law — full calculator

Preguntas frecuentes

• What is West Virginia's minimum wage in 2026?

  West Virginia's minimum wage is $8.75 per hour as of 2026 (W.Va. Code §21-5C-2), which is $1.50 above the federal FLSA floor of $7.25/hr. It applies to employers with 6 or more non-exempt employees at a single location. Employers with fewer than 6 employees at a location must pay at least the federal minimum wage.

• When must West Virginia employers pay a final paycheck?

  Under W.Va. Code §21-5-4, employers must pay all wages owed on or before the next regular payday, regardless of whether the employee was fired, laid off, or resigned. If the employer misses this deadline and receives a written demand, they have 7 calendar days to pay or face liquidated damages under the WV Wage Payment & Collection Act.

• Are non-compete agreements enforceable in West Virginia?

  West Virginia limits non-compete agreements under the Restrictive Employment Agreement Act (W.Va. Code Art. 47-29). Non-competes are void and unenforceable if the employee's compensation is below the state's annual mean wage (approximately $50,080/yr). Enforceable agreements must protect a legitimate interest (trade secrets or client relationships), last no more than 1 year, be narrowly tailored, and provide 14 days advance notice before signing. Physician non-competes are void upon termination under §47-11E.

• Does West Virginia require meal breaks for employees?

  Yes. West Virginia (W.Va. Code §21-3-10a) requires employers to provide at least a 20-minute unpaid meal break during any shift of 6 hours or more. The employer designates the timing. The federal FLSA does not require any meal or rest breaks for adult workers, making this a meaningful state-specific protection.

• Does West Virginia follow federal overtime rules?

  Yes. West Virginia follows the federal FLSA overtime standard: 1.5× the regular rate of pay for hours worked over 40 in a workweek. West Virginia does not impose daily overtime thresholds or double-time requirements. If 80% or more of an employer's workforce is already covered by the FLSA, only the federal rules apply.

• Is there a mandatory paid sick leave law in West Virginia?

  No. West Virginia does not have a state-mandated paid sick leave law for private-sector employees as of 2026. The federal FFCRA (COVID-era) also expired. Private employers may offer sick leave voluntarily, but they are not required to by state or federal law.

• What is the tipped employee minimum wage in West Virginia?

  Tipped employees in West Virginia must receive a minimum cash wage of $2.63/hr (30% of the $8.75 state minimum) under the 70% tip credit rule. The employee's tips plus the cash wage must equal at least $8.75/hr total. If tips are insufficient to meet this floor, the employer must make up the difference.

• What penalties apply if a West Virginia employer violates the Wage Payment & Collection Act?

  Employers who fail to pay wages on time may face liquidated damages assessed by the WV Division of Labor or through a private civil action. For non-compete violations under Art. 47-29, employers face civil penalties of up to $5,000 per worker per agreement. Employees can file complaints at labor.wv.gov or contact wageandhour@wv.gov.