WVWest Virginia pay rules
Minimum wage $8.75. Overtime after 40 hours in a week. If you are fired, your last check is due within 72 hours of being fired.
West Virginia minimum wage$8.75 now
West Virginia overtime lawsWeekly overtime after 40 hours
West Virginia final paycheck lawFired: within 72 hours of being fired
West Virginia PTO payout lawDepends on written policy
| Rule | West Virginia | Source |
|---|---|---|
| Minimum wage | $8.75 an hour since January 1, 2016. No change planned. Applies to employers with 6 or more employees at one location. | read the rulechecked October 29, 2026 |
| Cash pay if you get tips | At least $2.62 an hour. Tips may make up the rest, up to $6.13. Tip credit up to 70% of the minimum wage. | read the rulechecked October 29, 2026 |
| Overtime | 1.5x after 40 hours in a work week. No daily overtime. | W. Va. Code 21-5C-3checked October 29, 2026 |
| Last check if fired | Within 72 hours of being fired | W. Va. Code 21-5-4checked October 29, 2026 |
| Last check if you quit | Next regular payday | W. Va. Code 21-5-4checked October 29, 2026 |
| If the last check is late | Wage Payment and Collection Act: an extra penalty payment of 2x the unpaid amount plus fees. | W. Va. Code 21-5-4checked October 29, 2026 |
| Unused vacation when you leave | Depends on your employer's written policy. Paid when you leave the job unless a written policy provides for forfeiture. | W. Va. Code 21-5-1(c)checked October 29, 2026 |
| Meal break | 20-minute meal period for employees working 6 or more hours a day. | read the rulechecked October 29, 2026 |
| Rest break | No state rest period requirement. | read the rulechecked October 29, 2026 |
These rules cover the whole state. Cities and industries with their own rules are noted in the table. Checked October 29, 2026. Next check: January 1, 2027.