West Virginia labor laws for hourly staff: minimum wage, breaks and minors
West Virginia's basic minimum wage is $8.75 per hour, as listed by the US Department of Labor (updated November 5, 2026). The DOL meal-period table (revised January 1, 2023) lists a meal-period requirement for adult private-sector employees for West Virginia, and its rest-period table does not list a paid rest-period requirement (the DOL notes: states not listed do not require paid rest periods).
West Virginia labor rules at a glance
| Topic | What the US DOL table says for West Virginia | Source date |
|---|---|---|
| Minimum wage | Basic Minimum Rate (per hour): $8.75 | November 5, 2026 |
| Overtime / premium pay | Premium Pay After Designated Hours 1 : Weekly - 40 | November 5, 2026 |
| Meal break (adults) | See table below | January 1, 2023 |
| Paid rest break (adults) | Not listed; DOL: states not listed do not require paid rest periods | January 1, 2023 |
| Minors under 16: max hours | 8-40 non-school day/week 3-18 school day/week | July 15, 2025 |
| Minors 16–17: max hours | Blank on the DOL table | July 15, 2025 |
| Night work, under 16 | 7 p.m. (9 p.m June 1 through Labor Day) to 7 a.m. Supervision permit may be issued allowing 14 and 15 year old minors to work until 11:00p.m. when school is not in session. | July 15, 2025 |
| Night work, 16–17 | Blank on the DOL table | July 15, 2025 |
Minimum wage in West Virginia
Applicable to employers of 6 or more employees at one location
Basic Minimum Rate (per hour): $8.75
Premium Pay After Designated Hours 1 : Weekly - 40
DOL footnote 1: The overtime premium rate is one and one-half times the employee's regular rate, unless otherwise specified.
The DOL notes that some local governments set minimum wages higher than the state rate, and that subminimum or training rates are not shown in its table.
Meal breaks in West Virginia
| Rule | Prescribed by | Coverage |
|---|---|---|
| 20 minutes for employees who work 6 hours or more in a workday. | Statute | Applicable to every employer. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working. |
The DOL lists West Virginia among the jurisdictions with separate meal-period provisions for minors.
DOL footnote 3/: Not displayed in table are exemptions for executive, administrative and professional employees, and for outside salespersons.
Rest breaks in West Virginia
West Virginia is not listed in the DOL table of paid rest-period requirements (revised January 1, 2023). The DOL table states: "States not listed do not require paid rest periods."
Scheduling minors in West Virginia
Hours notation is the DOL's: daily-weekly-days per week (for example 8-40-6). Where state law is less restrictive than federal law, federal law applies; where it is more restrictive, state law applies (29 U.S.C. 218(a), as quoted by the DOL).
| Age | Maximum hours | Night work prohibited |
|---|---|---|
| Under 16 | 8-40 non-school day/week 3-18 school day/week | 7 p.m. (9 p.m June 1 through Labor Day) to 7 a.m. Supervision permit may be issued allowing 14 and 15 year old minors to work until 11:00p.m. when school is not in session. |
| 16 and 17 | Blank on the DOL table | Blank on the DOL table |
DOL table footnotes: (a) State hours limitations on a school day and in a school week usually apply only to those enrolled in school. (b) Students of 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week. (c) Combined hours of work and school.
A blank cell is blank on the DOL table. The federal (FLSA) row of the same DOL table, for minors under 16: 3 hours on a school day and 18 in a school week, 8 hours on a non-school day and 40 in a non-school week, and no work from 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
Tools: overtime calculator · labor cost calculator · all states
This is general information, not legal advice. Check your state labor department for current rules.
Questions
What is the minimum wage in West Virginia?
The US DOL lists West Virginia's basic minimum rate as $8.75 per hour (updated November 5, 2026). Some cities and counties set higher local rates.
Does West Virginia require meal breaks for adults?
Yes, the DOL meal-period table (revised January 1, 2023) lists a requirement for West Virginia; see the table on this page.
Does West Virginia require paid rest breaks?
No. West Virginia is not in the DOL paid rest-period table, which states that states not listed do not require paid rest periods.
Sources
- US DOL, Overtime Pay (checked 2026-11-12)
- State Minimum Wage Laws (US DOL) (checked 2026-11-12)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector 1 (US DOL) (checked 2026-11-12)
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (US DOL) (checked 2026-11-12)
- Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment as of July 15, 2025 (US DOL) (checked 2026-11-12)
- US DOL, Breaks and Meal Periods (checked 2026-11-12)