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West Virginia Labor Laws 2025

West Virginia has labor protections including an $8.75 minimum wage, mandatory 20-minute meal breaks for shifts of 6+ hours, and became a Right to Work state in 2016. Most requirements apply to employers with 6+ employees.

Important: West Virginia requires 20-minute meal breaks for shifts of 6+ hours. Most labor law requirements apply to employers with 6 or more employees.

Minimum Wage

West Virginia has a state minimum wage that matches the federal minimum wage.

Key Requirements

  • State minimum wage: $8.75 per hour (as of January 1, 2016)
  • Federal minimum wage: $7.25 per hour
  • Employers must pay whichever is higher (currently state minimum)
  • Tipped employees: $2.62/hour cash wage (30% of minimum wage)
  • Applies to employers with 6 or more employees

Additional Resources

Overtime

West Virginia follows federal overtime requirements under the FLSA.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws beyond federal requirements
  • Applies to employers with 6 or more employees

Additional Resources

Meal Breaks

West Virginia requires meal breaks for employees working certain shifts.

Key Requirements

  • Meal break: 20-minute break for shifts of 6 or more hours
  • Break must be provided unless workload makes it impractical
  • Employees must be completely relieved of duties during unpaid meal breaks
  • No state law requiring paid rest breaks
  • Applies to employers with 6 or more employees

Additional Resources

Payment of Wages

West Virginia has specific requirements for wage payment frequency and timing.

Key Requirements

  • Employees must be paid at least semi-monthly (twice per month)
  • Payment must be made on regular paydays designated by employer
  • Final wages: Must be paid by next regular payday or within 72 hours, whichever is sooner
  • Certain wage deductions require written authorization
  • Direct deposit allowed with employee written authorization

Additional Resources

Child Labor

West Virginia has comprehensive restrictions on youth employment.

Key Requirements

  • Work permits required for minors under 16
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: No hour restrictions but hazardous occupation restrictions apply
  • Federal child labor laws also apply

Additional Resources

Right to Work

West Virginia is a "Right to Work" state as of 2016.

Key Requirements

  • Employees cannot be required to join a union as a condition of employment
  • Employers cannot require union dues or fees as a condition of employment
  • West Virginia became a Right to Work state in 2016
  • Does not prohibit unions or collective bargaining
  • Workers have freedom to choose whether to join or support a union

Additional Resources

Meal Break Requirements

West Virginia requires meal breaks for longer shifts:

  • When required: Shifts of 6 or more hours
  • Duration: At least 20 minutes (unpaid)
  • Exception: Not required if workload makes it impractical
  • Employees must be completely relieved of duties during the break

Employer Size Threshold

West Virginia's labor laws apply based on employer size:

Most West Virginia labor law requirements apply to employers with 6 or more employees at any one location.

Smaller employers not covered by state law may still be covered by federal FLSA if engaged in interstate commerce.

West Virginia as Right to Work State

West Virginia became a Right to Work state in 2016:

  • Workers cannot be compelled to join a union or pay union dues
  • Union security agreements are prohibited
  • West Virginia was the 26th state to adopt Right to Work

Final Wage Payment Timing

West Virginia requires prompt payment of final wages:

Final wages must be paid by the next regular payday or within 72 hours, whichever is sooner. This applies whether the employee quits or is discharged.

Navigate West Virginia's Labor Requirements

Rightwork enforces West Virginia's 20-minute meal break requirements for 6-hour shifts, manages the $8.75 minimum wage, and ensures timely final wage payments.

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