Quick Guide to Minimum Wage in WV
Minimum Wage in West Virginia
There are multiple state and federal laws that apply to employees and minimum wages in West Virginia. This article will discuss the different minimum wages in West Virginia according to state code and information under the state’s Division of Labor. For more information about minimum wages in West Virginia and procedure, visit the link provided below:
What is the Current Minimum Wage in West Virginia?
The current minimum wage in West Virginia is the same as the federal minimum wage: $7.25 per hour. The minimum wage in WV is quite different for tipped employees. A tipped employee can be paid a minimum wage in West Virginia of $5.80 (or $2.13 if the employment falls under the Fair Labor Standards Act and not laws for minimum wage in WV).
However, if you work under the tipped minimum wage in WV but make less than minimum wages in West Virginia during a certain week, the employer is required to pay the difference.
Can an Employer pay a smaller minimum wage in WV for training employees?
According to §21-5C-2 of state code, an employer may pay a training minimum wage in West Virginia of $5.15 per hour for up to 90 days. This type of minimum wage in West Virginia is slightly higher than the federal “training wage,” and if an employee has quit and then decided to return to work, the 90-day training wage does not start over again.
What Employees are Exempt from Laws for Minimum Wages in West Virginia?
Certain employers are exempt from paying minimum wage in WV under the Fair Labor Standards Act, and these exemptions under federal law are listed below:
• executive, administrative, or professional employees
• outside sales employees
• certain skill computer professionals
• employees within certain seasonal amusement
• seamen employed on foreign vessels
• switchboard operators
• employees engaged in fishing operations unless covered laws for minimum wage in WV
• newspaper deliverers
• farms workers unless covered by laws for minimum wages in West Virginia
• casual babysitters
• certain commissioned employees in retail establishments
• certain transportation employees
• certain railroad workers or air carrier employees
• certain broadcasters unless covered by laws for minimum wage in WV
• domestic service workers, but may receive minimum wage in West Virginia if they live outside the home
If a person has not obtained their high school diploma, they may not be able to receive minimum wages in West Virginia. Full-time students may not be able to receive minimum wage in West Virginia as well.
If you believe an employer has paid you an unfair minimum wage in WV, employees are first encouraged to try and settle the dispute with their employer. If the dispute is not resolved, refer to the following section.
Filing a Wage Claim for Minimum Wages in West Virginia
If you believe you have been denied minimum wage in West Virginia.
The document listed above explains the entire wage claim process for minimum wage in West Virginia.