West Virginia Employment Law — full calculator

Frequently Asked Questions

• When must a West Virginia employer pay a fired employee's final paycheck?

  Under W.Va. Code §21-5-4, an employee who is fired or laid off must receive all final wages within 72 hours of the termination date. This is stricter than the federal FLSA, which sets no final-paycheck deadline for private-sector employees (as of 2026).

• When is a final paycheck due if an employee resigns in West Virginia?

  Employees who voluntarily resign or quit in West Virginia must be paid their final wages no later than the next regularly scheduled payday on which those wages would otherwise have been due, per W.Va. Code §21-5-4 (as of 2026).

• What are the penalties for paying a final paycheck late in West Virginia?

  If an employer fails to pay final wages on time under the West Virginia Wage Payment and Collection Act, the employee may pursue liquidated damages equal to two times (2×) the unpaid wages. Because the WV Division of Labor cannot directly assess these penalties, employees must file a claim in magistrate or circuit court in the county where the work was performed (as of 2026).

• Does West Virginia require meal breaks for employees?

  Yes. W.Va. Code §21-3-10A requires employers to provide at least a 20-minute meal break for any workday of 6 or more hours, at a time reasonably designated by the employer. This exceeds the federal FLSA standard, which mandates no meal or rest breaks for adult workers (as of 2026).

• Is a meal break in West Virginia paid or unpaid?

  Meal breaks in West Virginia are generally unpaid, provided the employee is completely relieved of all work duties for the duration. The 20-minute meal break under §21-3-10A does not apply if the employee is permitted to eat while working and also receives necessary bathroom and rest breaks throughout the shift (as of 2026).

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

  West Virginia's state minimum wage is $8.75 per hour — above the $7.25 federal FLSA floor. The state rate applies when an employer has 6 or more non-exempt employees working at the same, separate, and permanent work location. Employers with fewer than 6 employees at a location must pay at least the $7.25 federal minimum (W.Va. Code §21-5C-2, as of 2026).

• What is the minimum wage for tipped workers in West Virginia?

  Tipped employees in West Virginia may be paid a reduced cash wage of $2.62 per hour, with the employer applying a 70% tip credit of up to $6.13 per hour. Total compensation — cash wage plus reported tips — must equal at least $8.75 per hour for every hour worked. If tips fall short, the employer must make up the difference. Employers must maintain written records of tip amounts; without documentation, the full $8.75 cash rate is required (as of 2026).

• Are non-compete agreements enforceable in West Virginia?

  West Virginia enforces non-compete agreements under a common-law reasonableness test. Courts evaluate whether the restriction is necessary to protect a legitimate business interest, not unduly burdensome to the employee, and not contrary to public policy. There is no state salary threshold. Important: continued employment alone is insufficient consideration — new consideration must be given at the time of signing (as of 2026).

• Can West Virginia physicians sign non-compete agreements?

  Yes, but with strict statutory limits under W.Va. Code §47-11E-2: the agreement may not exceed 1 year in duration or 30 miles in geographic radius. Additionally, the agreement is automatically void if the employer terminates the physician. Any non-compete against a physician that exceeds these limits is unenforceable (as of 2026).

• Does West Virginia require employers to provide paid sick leave?

  No. West Virginia state law does not mandate paid or unpaid sick leave for private-sector employees. When an employer voluntarily offers sick leave or other fringe benefits, the terms of the employer's written policy control, and those benefits are treated as wages under the Wage Payment and Collection Act once they are vested (as of 2026).