Charleston cannot set its own minimum wage above the West Virginia rate of 8.75 dollars per hour set by W. Va. Code Section 21-5C-2. State law preempts local minimum wage ordinances entirely.
West Virginia preempts municipal minimum wage ordinances. Under W. Va. Code Section 21-5C-2, the state minimum wage is 8.75 dollars per hour for covered employees, and Charleston may not set a higher local minimum. Federal minimum wage of 7.25 dollars applies to small employers not covered by the state rate. Tipped employees follow West Virginia tip credit rules. Workers paid below the applicable rate can file a wage complaint with the West Virginia Division of Labor Wage and Hour Section. Charleston has no separate enforcement authority and cannot enact a higher local minimum.
Paying covered employees below the 8.75 dollar West Virginia minimum violates state law and triggers WV Division of Labor wage recovery actions and possible criminal penalties.
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See how Charleston's minimum wage preemption rules stack up against other locations.
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