West Virginia HR laws for employers (2026)
The West Virginia rules employers ask about most: minimum wage, overtime, final pay, unused vacation, paid sick leave and breaks.
West Virginia employment law at a glance
| Minimum wage | $8.75 per hour |
|---|---|
| Tipped cash wage | $2.62 per hour |
| Overtime | No daily overtime. Time-and-a-half is required after 40 hours in a workweek for employers covered by the state wage law. |
| Final pay when fired | By the next regular payday. |
| Final pay when an employee quits | By the next regular payday, with or without notice. |
| Unused vacation / PTO at separation | Depends on the employer's written policy or agreement. Accrued vacation counts as a fringe benefit and must be paid at separation if the policy makes it payable then. Verify |
| Paid sick leave | No statewide mandate. |
| Meal breaks | 20 minutes for employees who work 6 or more hours, required only when employees don't get breaks or can't eat while working. |
| Rest breaks | No state requirement. |
Minimum wage note: $8.75/hour, unchanged since January 1, 2016; the state law covers employers with 6 or more employees at one location. No 2027 increase has been officially announced, and no cities have higher local rates.
Verify means we could not confirm that item from an official West Virginia or US Department of Labor source, so check it with the state before relying on it.
Other West Virginia rules to know
- The state minimum wage and overtime law applies only to employers with 6 or more employees at one location. Smaller employers follow federal FLSA rules if FLSA covers them.
- Employees must be paid at least every two weeks under the Wage Payment and Collection Act.
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Frequently asked questions
What is the minimum wage in West Virginia in 2026?
$8.75 per hour, effective January 1, 2016. $8.75/hour, unchanged since January 1, 2016; the state law covers employers with 6 or more employees at one location. No 2027 increase has been officially announced, and no cities have higher local rates.
When is a final paycheck due in West Virginia?
If the employer ends employment: By the next regular payday. If the employee quits: By the next regular payday, with or without notice.
Does West Virginia require paying out unused vacation?
Depends on the employer's written policy or agreement. Accrued vacation counts as a fringe benefit and must be paid at separation if the policy makes it payable then.
Is paid sick leave required in West Virginia?
No statewide mandate.
Sources
- W. Va. Code §21-5C-2 (minimum wage)
- W. Va. Code §21-5-4 (final wages)
- W. Va. Code §21-5-1 (definitions: wages, fringe benefits)
- WV Division of Labor WPCA Fact Sheet 6: Final Wages
- US DOL: State Minimum Wage Laws (updated July 1, 2026)
- US DOL: Minimum Wages for Tipped Employees (July 1, 2026)
- US DOL: Meal Breaks
- US DOL: Rest Periods
- US DOL: Payday Requirements
HR laws in other states
This page is general information for employers, not legal advice. Employment laws change and can vary by city and county. Confirm details with the state labor department or an employment attorney. Read our disclaimer.