In 2014, both the state and federal minimum wage rates in West Virginia were $7.25 per hour. However, in 2015, the state rate increased to $8.00 per hour, surpassing the federal rate. Since 2016, the minimum wage rate in West Virginia has been $8.75 per hour.

The following individuals are exempt from West Virginia’s minimum wage requirements:

• Employees of the United States
• Individuals engaged in activities for educational, charitable, religious, fraternal, or nonprofit organizations where no employer-employee relationship exists or where services are voluntary
• Newsboys, shoeshine boys, golf caddies, pin boys, and pin chasers in bowling lanes
• Traveling salesmen and outside salesmen
• Individuals employed by their parent, son, daughter, or spouse
• Individuals in bona fide professional, executive, or administrative roles
• Persons employed for on-the-job training
• Individuals with severe physical or mental handicaps preventing employment or training in any facility other than a nonprofit sheltered workshop
• Employees of boys or girls summer camps
• Persons aged 62 or over receiving Social Security old-age or survivors benefits
• Agricultural workers as defined by the Fair Labor Standards Act of 1938
• State or agency-employed firefighters
• Ushers in theaters
• Part-time students in recognized schools or colleges
• Employees of local or interurban motorbus carriers
• Salesmen, parts men, or mechanics primarily engaged in selling or servicing vehicles if employed by a nonmanufacturing establishment selling such vehicles to ultimate purchasers
• Employees under the jurisdiction of the U.S. Department of Transportation for qualifications and maximum hours of service
• Per diem employees of the West Virginia Senate, House of Delegates, or Joint Committee on Government and Finance, and other designated employees
• Seasonal employees of commercial whitewater outfitters working less than seven months in a calendar year, exempt from maximum hours provisions
• Seasonal employees of amusement parks working less than seven months in a calendar year, exempt from maximum hours provisions

The current tipped minimum wage rate in West Virginia is $2.63 per hour. If an employee’s tips combined with this cash wage do not meet the state minimum wage, the employer is required to make up the difference.

West Virginia has specific laws regulating the employment of 14- and 15-year-olds.

When Public School is in Session:

• They cannot work before 7 a.m. or after 7 p.m.
• They are limited to working no more than three hours on any school day, including Fridays.
• They cannot work during school hours, except as part of work experience and career exploration programs.
• They can work up to 18 hours per week, or up to 23 hours per week if participating in a school-supervised work-study program, work-based learning program, or work experience and career exploration program.

When Public School is Not in Session:

• During summer break (Memorial Day through Labor Day), they cannot work before 7 a.m. or after 9 p.m.
• On days when the school term is in session but school is not open, they cannot work before 7 a.m. or after 7 p.m.
• They can work up to eight hours per day on days when school is not in session.
• They can work up to 40 hours per week during weeks when school is not in session or when school is not open for the entire week during the regular school term.