West Virginia Labor Laws: An Employer's Overview

Overtime

West Virginia follows the federal rule: time-and-a-half after 40 hours in a workweek, with no separate daily-overtime requirement.

Minimum Wage

West Virginia sets a minimum wage above the federal $7.25 and updates it periodically, confirm the current figure before running payroll.

Breaks

West Virginia requires meal breaks for longer shifts.

Paid Sick Leave & Final Pay

West Virginia has no statewide paid sick leave mandate. Final-paycheck timing is state-specific, see the dedicated guides linked below for details, and always confirm against the official source.

West Virginia Labor-Law Snapshot

A quick West Virginia snapshot: the minimum wage is $8.75/hour (about $1.50 above the federal $7.25), overtime is about $13.13/hour, West Virginia has no statewide paid-sick-leave mandate, and a final paycheck is due by the next regular payday on discharge.

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

West Virginia borders 5 states, and goes beyond the federal floor here. Maryland, Ohio and Virginia set a minimum above the federal $7.25; Kentucky and Pennsylvania sit at the federal $7.25.

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.

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Official Sources

• U.S. DOL, Minimum wage by state
• U.S. DOL, State overtime
• U.S. DOL, State labor offices

More West Virginia Guides

Labor Law Overview in Other States

West Virginia Labor Law Overview: Frequently Asked Questions