West Virginia Statewide Rule
West Virginia Minimum Wage Preemption Statewide
Key Facts
- Legal Reference
- State minimum wage in W. Va. Code 21-5C
- Overtime Rules Align
- Overtime rules align with the federal FLSA
- Division Labor Enforces
- Division of Labor enforces wage law
- Liquidated Damages Available
- Liquidated damages available to workers
- Local Higher Minimums
- Local higher minimums face statutory hurdles
Summary
West Virginia sets a uniform minimum wage and overtime framework under W. Va. Code 21-5C, leaving little room for higher local minimum wages.
§21-5C-2. Minimum wages. (a) Minimum wage: (1) After June 30, 2006, every employer shall pay to each of his or her employees wages at a rate not less than $5.85 per hour. (2) After June 30, 2007, every employer shall pay to each of his or her employees wages at a rate not less than $6.55 per hour. (3) After June 30, 2008, every employer shall pay to each of his or her employees wages at a rate not less than $7.25 per hour. (4) After December 31, 2014, every employer shall pay to each of his or her employees wages at a rate not less than $8.00 per hour. (5) After December 31, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour. (6) When the federal minimum hourly wage as prescribed by 29 U.S.C. §206 (a) (1) is equal to or greater than the wage rate prescribed in the applicable provision of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. §206 (a) (1). The minimum wage rates required under this subsection shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subsection includes only the federal minimum hourly rate prescribed in 29 U.S.C. §206 (a) (1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate.
Full Breakdown
W. Va. Code 21-5C establishes the state minimum wage and overtime requirements applicable to covered employers throughout West Virginia. The Division of Labor enforces these rules, including recordkeeping, payment intervals, and anti-retaliation provisions. While the statute does not contain an express preemption clause as broad as some states, the comprehensive nature of the wage law and W. Va. Code 21-5 wage payment provisions effectively standardize wage floors statewide. Local governments seeking higher minimum wages would face significant statutory and home-rule constraints.
Violations & Penalties
Failure to pay the state minimum wage or overtime can result in civil penalties, back wages, liquidated damages, and attorney fees under 21-5C-8.
Frequently Asked Questions
Can a West Virginia city set its own higher minimum wage?
Who enforces the West Virginia minimum wage?
Sources
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