Child Labor Laws in West Virginia

West Virginia (WV) · Child labor laws · Last reviewed September 2026

Child labor laws in West Virginia, Kloqk free time clock and compliance guide

Min working age

14 (most jobs)

Work permit

Often required

Hour limits

Strict under 16

Federal Rules (FLSA)

Federal law sets the floor: 14 is the minimum age for most non-farm jobs. 14- and 15-year-olds face strict limits, no work during school hours, capped daily and weekly totals, and no late evenings. 16- and 17-year-olds have no federal hour limits but can't perform jobs deemed hazardous. At 18, restrictions end.

Minors in West Virginia

West Virginia has its own child-labor rules, and where the state and federal rules differ, the stricter one applies. Many states require a work permit (employment certificate) for minors and set their own school-week hour caps. Confirm West Virginia's permit requirement and hour limits with the state labor office.

Staying Compliant

Keep proof of age and any required work permits on file, and schedule minors within their hour limits, especially the school-week caps. A time clock that flags a minor's hours helps prevent accidental violations.

West Virginia Labor-Law Snapshot

West Virginia employers pay a minimum wage of $8.75/hour (about $1.50 above the federal $7.25), which applies to working minors too. On hours, West Virginia follows the federal weekly overtime rule with no daily-overtime premium of its own.

For West Virginia employers these rules interact with timekeeping: accurate, audit-logged hours drive overtime, final pay, and break records. West Virginia requires meal breaks on longer shifts and does not mandate paid rest breaks; a final paycheck is due by the next regular payday when an employee resigns. Confirm current West Virginia figures with the state labor office before relying on any single number.

What West Virginia Employers Should Keep on File

Federal law requires employers to keep payroll records for at least three years, and the records used to calculate pay, such as time cards and work schedules, for at least two. Several states require longer. The practical standard is simple: if a former employee filed a claim tomorrow, could you evidence every hour you paid and every hour you did not?

The records that matter are the daily start and end times, the total hours for each workweek, the regular rate and any premium, all additions and deductions, and the pay period the payment covers. Keeping the underlying punches matters more than keeping the summary, because a total nobody can trace back is not evidence.

Where the record is missing or unreliable, the employee's reasonable recollection is generally accepted, and the employer carries the burden of disproving it. That is the single strongest argument for an automatic time clock over a paper sheet reconstructed at the end of the week.

How West Virginia Compares with the States Next Door

Minimum wage across the line: Kentucky $7.25, Maryland $15.00, Ohio $11.00, Pennsylvania $7.25, Virginia $12.77. West Virginia is at $8.75.

If you employ people on both sides of the West Virginia border, the stricter of the two states usually governs each worker, based on where the work is actually performed rather than where your business is registered.

This is general information, not legal advice. Wage-and-hour rules change, confirm the current rules for West Virginia with the official sources below before acting.

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Official Sources

More West Virginia Guides

Child Labor Laws in Other States

West Virginia Child Labor Laws: Frequently Asked Questions

What is the minimum working age in West Virginia?

Federal law sets 14 for most non-farm jobs, and West Virginia follows at least that floor. Some roles (family business, agriculture) allow younger workers under specific conditions.

Do minors need a work permit in West Virginia?

Many states require an employment certificate (work permit) for workers under 18, confirm West Virginia's requirement and keep it on file.

How many hours can a minor work in West Virginia?

14, 15-year-olds face strict federal caps (limited hours, not during school, no late nights). 16, 17-year-olds have no federal hour limit, but West Virginia may add its own, the stricter rule applies.

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