At $8.75 per hour, West Virginia’s minimum wage sits right around the national average, but it might not actually apply to your business. Unlike most states, this mandate applies only to employers with 6 or more workers at a single location.
What you’ll learn
What you’ll learn
Key takeaways
- West Virginia’s minimum wage of $8.75 per hour only applies to businesses with six or more employees at one location
- Even when the state minimum does not apply to smaller businesses, they may still need to follow the FLSA and pay at least $7.25 per hour
- A bill was introduced to increase the West Virginia minimum wage to $11 per hour, starting January 1, 2027
- $11 per hour would be an increase of $2.25 per hour, which is around 25% higher than the current rate
- The minimum cash wage for tipped workers in West Virginia is $2.62 per hour
If your business does not meet this threshold, you may still be subject to the federal minimum wage of $7.25 per hour established by the Fair Labor Standards Act (FLSA). Dig deeper into your obligations as an employer in WV, including tipped worker rules, exemptions, and possible upcoming changes.
What is the minimum wage in West Virginia in 2026?
Currently, the minimum wage in West Virginia is $8.75 per hour, and it has been set at that rate since January 1, 2016. West Virginia law specifies that the minimum wage is only applicable to certain businesses. Specifically, any business with six or more employees at the same location is subject to the wage requirements. Businesses with fewer than six employees at one location can legally pay their employees less than $8.75 per hour in West Virginia.
The West Virginia minimum wage will not increase in 2026. However, there is a bill to raise the rate in 2027. House Bill 5485 proposes raising the state minimum wage to $11 per hour starting January 1, 2027.
An $11 minimum wage would bring West Virginia closer to the minimums set by neighboring states like Ohio ($11 per hour) and Virginia ($12.77 per hour). See how wages compare across the country with the minimum wage by state summary.
How the six-employee rule affects small businesses
If your business operates in West Virginia and has more than six employees at one location, you must pay each worker at least $8.75 per hour. But what if you only have four or five employees at one location in the state?
When the state minimum wage in West Virginia does not apply because you have fewer than six employees, you may need to follow the federal minimum of $7.25 per hour.
Generally, businesses must follow the highest applicable minimum wage rules of local, state, and federal law. When both state and federal rules apply, West Virginia employees are entitled to the higher state wage of $8.75 per hour. When state law does not apply, West Virginia employees may still be entitled to the federal minimum, unless they are exempt under the FLSA.
Workers exempt from the FLSA include:
- Some executive, professional, and administrative workers
- Employees of some seasonal organizations
- Newspaper delivery workers
- Outside sales employees
- Some farmworkers
- Babysitters and domestic service workers
Carefully check both state and federal minimum wage requirements to determine whether your business or employees are exempt. With the standard minimum wage covered, let’s explore how West Virginia’s wage laws apply to your tipped employees and anyone eligible for a training wage.
Tipped employees and sub-minimum wage rules
Tipped employees often have a separate minimum wage, and that’s the case in West Virginia.
- State law requires employers to pay tipped workers at least $2.62 per hour as a base cash wage. Businesses can claim up to 70% of the general minimum wage (equaling $6.13 per hour) as a tip credit.
- If employees don’t earn enough in combined cash wages and tips to hit $8.75 per hour, the employer must pay the difference.
Keep in mind that West Virginia does not specify how much an employee has to earn in tips each month to qualify as a tipped worker, so use your best judgment. Many other states use more than $30 per month in tips as the threshold for tipped workers. You may also find our employer’s guide to tipped wages helpful for staying compliant.
Businesses can pay a sub-minimum training wage of at least $5.15 per hour to some employees as long as they are less than 20 years old and the training period lasts 90 days or less.
While these base rates for tipped and student workers have remained steady for years, the legislative landscape in West Virginia is beginning to shift. Here is what you need to know about the latest efforts to increase the state minimum wage.
Legislative updates and future outlook
The West Virginia minimum wage has not changed in over 10 years, but an increase may be on the horizon.
- House Bill 5485, introduced in February 2026, proposed a new minimum wage of $11 per hour starting on January 1, 2027.
- While the 2026 legislative session concluded in March, this bill remained in the House Energy and Public Works Committee and did not move forward for a final vote.
- Unlike some other states, West Virginia does not have automatic adjustments to the minimum wage based on the Consumer Price Index (CPI). The rate will not change until the state government passes specific legislation.
The table below also breaks down the current rates and what may change if this legislation should ultimately move forward.
| Wage type | Current rate (2026) | Proposed rate (HB 5485) |
| General minimum wage | $8.75 | $11.00 |
| Tipped base wage | $2.62 | No change proposed |
| Training wage (under 20) | $5.15 | No change proposed |
Even beyond the minimum requirements, employers may wonder whether $10 or $20 an hour is a good wage in West Virginia. The cost of living in West Virginia is lower than in many states, and around 10% below the national average. These lower expenses may enable employers to attract and retain top candidates without paying comparatively high wages.
To stay competitive, weigh the average wages employers are paying in your area for similar positions when deciding what to pay your employees.
Maintaining payroll compliance in West Virginia
Every employer is responsible for understanding and staying compliant with West Virginia’s labor regulations, including the minimum wage. Keep these factors in mind to maintain payroll compliance:
- Wage tracking: Track how many hours each employee works, their wage rate, and tips earned, if applicable.
- Overtime: Pay eligible workers 1.5 times their usual hourly rate for each hour worked over 40 hours per workweek. Use the state overtime laws overview for more guidance.
- Exemptions: Check whether any exemptions to the West Virginia or federal minimum wage requirements apply to your business and employees.
Payroll management doesn’t have to be frustrating and time-consuming. OnPay also offers a West Virginia hourly paycheck calculator to help you determine your employees’ net pay and the amount to withhold based on state requirements.
Easy with powerful integrations
“OnPay is both easy to use and has powerful features. Everything you need to run payroll for both W-2 and 1099 employees. Integrates well with QuickBooks, the price is great, and I haven’t found a payroll need I have that I can’t do through OnPay.”
— David Sierra, Cutting Edge Fencing
Beyond just issuing accurate paychecks, keeping accurate records of hours, tips, and overtime protects your business in the long run. Whether you’re managing a team of six or a growing workforce, having a clear, organized paper trail means you’ll always be ready for an unexpected labor audit.
Take the guesswork out of West Virginia payroll
Between the unique six-employee threshold, strict tip credits, and potential rate increases, keeping up with West Virginia’s wage laws takes careful attention. But you don’t have to manage it manually. OnPay takes the friction out of payday by automating your wage calculations and tax filings. Pass the heavy lifting to a reliable platform so you can ensure your team is paid accurately while you focus on the big picture.
Take a tour to see how easy payroll can be.
Jon Davis is the Sr. Content Marketing Manager at OnPay. He has over 15 years of experience writing for small and growing businesses. Jon lives and works in Atlanta.